The document discusses two ways in which proprietary interests in land can become fragmented: 1. Fragmentation by system - when native title rights come into collision with the Australian system of landholding, native title is easily extinguished. 2. Fragmentation by time - through the doctrine of estates, which allows for the creation of life estates and future interests like remainders that divide ownership of land over time. Estates can be further fragmented by conditions and limitations. The rule against perpetuities aims to limit how far into the future fragmentation by future interests can extend by requiring interests to vest within a certain period. Additionally, fragmentation occurs between legal and equitable interests and those defined by common law, equity, and statute.

1. Fragmentation of Proprietary
Interests
Native Title, Doctrine of Estates
LA2015
Week 3

2. From last week…

4. NATIVE TITLE
Fragmentation by system

5. The collision of two systems of
landholding

6. Native title is easily extinguished

9. Evolution of Native Title (Under the
Act)
• Constitutional?
• Can states overrule
native title?
• Implied
extinguishment?
• Crown sovereignty vs
title?
• Pastoral lease grant
change underlying
title?
• Connection 
extinguishment
• WA v Cth
• WA v Cth
• WA v Cth
• Fejo
• Wik
• Yorta Yorta

10. http://www.nntt.gov.au/Mediation-and-agreement-making-services/Geospatial-

11. http://www.nntt.gov.au/Mediation-and-agreement-making-services/Geospatial-
services/Maps/Pages/National-Maps.aspx26/3/08

12. FRAGMENTATION BY TIME
The Doctrine of Estates

13. Apply law re contractual restraints
on alienation of freehold
Policy context of future interests,
perpetuities
Differentiate legal v equitable
estate

14. Possession is the root of all
title

18. Creation of freehold estates

19. PLA s29 Words of limitation
• (1) A disposition of freehold land to
any person without words of limitation,
or any equivalent expression, shall pass
to the disponee the whole interest
which the disponor had power to
dispose of in such land, unless a
contrary intention appears in the
disposition. …
• (3) This section applies to dispositions
effected after the commencement of
this Act.

20. LTA 61 Requirements of instrument of transfer
(1) An instrument of transfer for a lot or an
interest in a lot must—
(a) be validly executed; and
(b) include particulars sufficient to identify—
(i) the lot to be transferred; or
(ii) the lot to which the interest applies; and
(c) include an acknowledgment of the
amount paid or details of other
consideration; and
(d) for an interest in a lot—include a
description sufficient to identify the interest
to be transferred.

21. Life estate: balancing rights
and responsibilities

22. Consider the
risk to the
reversioner of
a grant of a
life estate…

23. PLA 25 Equitable waste
An estate for life without
impeachment of waste shall not
confer, or be deemed to have
conferred, upon the tenant for life any
legal right to commit waste of the
description known as equitable waste,
unless an intention to confer such right
expressly appears by the instrument
creating such estate.

24. Difference b/w condition &
determinable limitation…

25. • Your adult child keeps joining a commune of one
sort or another, and giving all their income to
whichever commune they join at the time.
• You are a diehard supporter of the Geelong
Wildcats and one of your adult children has been
living with a Brisbane Lions supporter for some time.
The thought of your property going to a Lions
supporter makes you feel sick.
• One of your children has always been interested in
following you into the family profession of the law.
You have indicated that you will reward them if
they enter the profession. This child has taken their
time about becoming qualified, and you wish to
hurry them along.
• Your oldest child is your favourite. They can do no
wrong in your eyes and you want to make sure that
they get their fair share of your land.

26. Limitations/conditions will be
void if…
• Immoral behaviour
• Restricting right to
marry
• Uncertainty
• **Restraint on
alienation
• Zapletal v Wright
• Andrews v Parker
• Andrews v Parker?
• Sifton v Sifton
• Re Dugdale
• Saliba v Saliba
• Hall v Busst

27. Reversion

28. Remainders

29. Vested or contingent?
X owns estate in Greenacre in fee simple &
grants:
• to A for life, then to B for life
• to A for life, then to B for life, then to C for life
then to D and his heirs
• to A for life, then to B and his heirs if B
reaches the age of 21

31. The rule
against
perpetuities is
the Court’s
approach to
limiting the
vesting date of
future interests

33. FRAGMENTATION BY JURISDICTION

34. Equity -> ‘equitable rights’
Common law -> ‘legal rights’
Statute -> either legal or
equitable

35. Fragmenting the one estate