• Property Law
    Law Before Torrens Intro: * Torrens system relies on a centralised bureaucratic land register as the principle means of determing title to land * This can be contrasted with earlier common law systems which relied on oral evidence and later certificates of title to determine title Traditional...
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  • Civil Code
    Marvyn Rose Arbes LAND TITLES AND DEEDS REVIEWER AUSL 1st Sem., SY 2013-2014 Atty. Josephine R. Santiago – Saturday 1-3 Set B . INTRODUCTION / OVERVIEW LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive...
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  • Thesis!
    The use of technology to automate the registration process within the Torrens system and its impact on fraud : an analysis Low, Rouhshi (2008) The use of technology to automate the registration process within the Torrens system and its impact on fraud : an analysis. PhD thesis, Queensland University...
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  • Property Notes
    TORRENS TITLE * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers...
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  • Indefeasibility Title
    only the real owners can grant an enforceable deed or mortgage. A title ensuing from fraudulent instruments can never form a good title for new transactions, even if the succeeding owners are innocent. Despite registration, the good title of the property is still vested in the real owners. However,...
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  • Property Law notes
    Topic 5: Torrens Title Intro reasons why Torrens Title came into being old system very complex tracing title back security of title the registration of deeds doesn’t fix the above issues especially security General Register of deeds difficult to search General Register does not fix any defect ...
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  • Economic Progress
    * Torrens titles were given to the land owner * Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register. Land ownership is transferred through registration of title instead...
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  • law of assignments
    when determining rules applicable to legal assignment on land we must first consider wether the land being assigned is old system titled or torrens title. old system: deed of conveyance must move between the assignor to the assignee sec 23 b1 conveyancing act tells us no area valid unless made...
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  • Real Property Final Exam Notes
    Old System Title Legal Interests under Old System Title S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied, namely: 1. Instrument relating to the land (excludes wills) must be effective and not void 2. Made in good...
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  • Pine Valley
    alienation (transfer) of title and recording title 2. Deeds, warranties & defects in title 3. Assurances of title OUTCOMES: Upon completion of this unit you should be able to: 1. Describe title to real estate, deeds of conveyance, wills, involuntary title transfer, and title records. 2. Understand...
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  • Property Law 2 Notes
    'retrospective investigation of title' aimed to achieve security and simplicity in matters of title to land * Protection of purchaser – they are ‘paramount from unregistered interests’ but still are bound by registered interests * Frazer v Walker – ‘indefeasibility of title is convenient description...
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  • Real Property Notes
    ------------------------------------------------- A: Old System Title * Deeds: * A deed is the most solemn act that can be done in respect to property: Manton v Parabolic Pty Ltd (1985) 2 NSWLR 361. * Where the land is Old System title, the alienation of the fee simple and most interests in...
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  • Regalian Doctrine
    introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas. The Laws of the Indies, i.e., more specifically, Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias, set the policy of the Spanish Crown with respect to the Philippine Islands in the following...
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  • Law Make Decisions Within Legal Context
    pass on a title which that person does not possess. In other words, the Nemo dat rule says that when a property is transferred, the transferee cannot acquire a better title to it than the transferor had. In this situation, Melanie Moose, who stole the cheque from Mickey Mouse, holds no title, and when...
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  • ching vs ca evidence case
    now Regional Trial Court (penned by Judge Manuel V. Romillo, Jr. then District Judge, Branch XXVII Pasay City) granting ex-parte the cancellation of title registered in the name of Ching Leng in favor of Pedro Asedillo in Civil Case No. 6888-P entitled Pedro Asedillo v. Ching Leng and/or Estate of Ching...
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  • Private Caveat
    is based on the Torrens system; a system of acquisition of title and interests in land by way of registration of instruments of dealings. It is a legacy of the British colonial masters that provided the people with security in dealing with land. The first legislation based on the Torrens system was passed...
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  • Australian Property Law
    Table of Contents d 5 Torrens Title Lan Introduction 5 Principle of Indefeasibility 5 Key Provisions (RP Act) 5 Deferred v immediate indefeasibility 6 Frazer v Walker 1967 6 Breskvar v Wall (1971) 7 What will attract indefeasibility? 8 Leases: 9 Mercantile Credits Ltd v Shell Co of...
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  • Specpro Case Digests
    cancellation of the lien or annotation on the certificate of title issued to the petitioner, of a land extrajudicially inherited by him as the only heir of her predecessors in interest to the effect that the property described in the title is subject to the claims of the creditors and other heirs of...
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  • Case Digest
    obtain from the 4 parcels “from the moment she takes possession of them until the Torrens certificate of title be issued in her favor.” It was likewise covenanted that “within one year from the date of the certificate of title in favor of Marciana Felix, she may rescind the contract of sale in which she...
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  • An Analysis of the Cadastral Systems of New Zealand and South Australia
    proclaimed British Sovereignty over the land. The cadastres in New Zealand and Australia serve a similar primary function of issuing and tranfering title to land, as well as the registration of any interests relating to land (Cadastral Template, 2003). Having both developed from similar roots many similarities...
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