Sale of Land in New South Wales
Commentary and Materials
By: Diane Skapinker, Patricia Margaret Lane
Sale of Land (NSW): Commentary and Cases, 5th Edition analyses the effects of the 2005 standard form of contract for sale of land and the Conveyancing (Sale of Land) Regulation 2005 (NSW) on conveyancing law and practice. This edition takes into account the numerous legislative and regulatory changes that have affected conveyancing over the past decade since the last edition and examines the most significant recent case law, including: Iannello v Sharpe and Zhang v VP 302 SPV PTY (effect of alterations to simple agreements); ETO Pty Ltd v Idameneo (No 123) Pty Ltd (GST clauses in the 2005 standard form contract); Nassif v Caminer (claims under cl 7 of the standard form contract); and Tudor Developments Pty Ltd v Makeig (Limitation on a purchaser's entitlement to rescind - the doctrine of election). The plain English style, carefully selected extracts and concise approach of Sale of Land (NSW): Commentary and Cases, 5th Edition ensures readers gain a sound working knowledge of the fundamental legal principles of vendor and purchaser law. This eagerly awaited edition is sure to be invaluable to students and practitioners alike.
AI Overview
The book "Sale of Land in New South Wales: Commentary and Materials" by Diane Skapinker and Patricia Lane is a comprehensive legal text focused on the sale of land in New South Wales, Australia. Here is a detailed overview:
Key Themes
- Land Law in New South Wales: The book covers the legal framework governing the sale of land in New South Wales, including statutory provisions, case law, and practical considerations.
- Conveyancing Act: It provides in-depth commentary on the Conveyancing Act 1919 (NSW), which is the primary legislation governing land transactions in New South Wales.
- Chain of Title: The text discusses the importance of the chain of title, including the concept of a "good root of title," which ensures that the title being transferred is free from defects and can be identified without extrinsic evidence.
- Deeds and Instruments: It examines the formal requirements for deeds and other instruments of disposition, highlighting their effectiveness in passing legal and equitable estates.
Plot Summary
The book is structured as a commentary and materials text, meaning it provides detailed explanations of the legal principles and statutes relevant to the sale of land in New South Wales. It includes:
- Statutory Analysis: Comprehensive analysis of the Conveyancing Act 1919 (NSW) and other relevant legislation.
- Case Law: Discussion of significant court cases that have shaped the law of land sales in New South Wales.
- Practical Materials: Practical examples and forms that assist in the preparation and execution of land transactions.
Critical Reception
While specific reviews are not provided in the search results, the book's reputation can be inferred from its usage in academic settings. For instance, it is recommended reading for property law courses at Western Sydney University, indicating its value as a reference text for legal professionals and students.
Editions
The book has been published in multiple editions, with the fifth edition being the most recent. The first edition was published in 1994, and subsequent editions have updated the content to reflect changes in legislation and case law.
Author Background
Diane Skapinker is an author who has written extensively on property law, particularly in the context of New South Wales. Patricia Lane is also a legal expert, contributing to the book's comprehensive coverage of land law.
In summary, "Sale of Land in New South Wales: Commentary and Materials" by Diane Skapinker and Patricia Lane is a definitive text on the legal aspects of land sales in New South Wales, offering a thorough analysis of statutory provisions, case law, and practical considerations. Its use in academic settings and multiple editions reflect its importance as a reference text for legal professionals and students.