Preview

Property Law notes

Better Essays
Open Document
Open Document
4794 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
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
Under Torrens Title indefeasibility of title started with Robert Torrens in SA
NSW started 1963
Since then all grants under Torrens Title
At conveyance of old property transferred to Torrens
US and UK did not adopt Torrens Title
Real Property Act 1900 (NSW)
Though some provisions of Conveyancing Act still apply

Elements of Torrens Title

Torrens register  Registrar General

Is public
Available to public for searching
Doesn’t have to be the owner
Not expensive
Can be done over the net

consists of folio’s each folio relates to an interest in one parcel of land each describes the land who is the registered proprietor (owner) lists any other interests or estate each page has its own reference  each new linked up with that reference

certificate of title copy of the folio that goes to registered proprietor lists everything  easements and restricted covenants

dealings broad term applies to any instrument able to be registered except caveats there are approved forms for any transaction some scope for amendment but cannot change the substance of the form once registered has the effect of a deed (RPA s36) registration creates the legal interest
RG is entitled to refuse to register the dealing without certificate of title
Is practice to do so
Not positively legislated for but the practice offers some protection

what is on the register is central to the idea of Torrens
Gibbs v Messer  “the object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register in order to investigate the history of their author’s title, and to satisfy themselves of its validity” pg 357 CB
what

You May Also Find These Documents Helpful

  • Powerful Essays

    The required text is Law 101: Introduction to Law (12th ed, 2014). Students are expected to attend the…

    • 1314 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    Law: Deed Case Study

    • 678 Words
    • 2 Pages

    This paper will look into the question asked in class BA260 of “Wiley and Gemma are neighbors. Wiley’s lot is extremely large, and his present and future use of it will not involve the entire area. Gemma wants to build a single-car garage and driveway along the present lot boundary. Because of ordinances requiring buildings to be set back fifteen feet from an adjoining property line, and because of the placement of her existing structures, Gemma cannot build the garage. Gemma contracts to purchase ten feet of Wiley’s property along their boundary line for $3,000. Wiley is willing to sell but will give Gemma only a quitclaim deed, whereas Gemma wants a warranty deed. Discuss the differences between these deeds as they would affect the rights of the parties if the title to this ten feet of land later proved to be defective.” This paper will explain the differences between a quitclaim deed and a warranty deed. While explaining why Gemma wants a warranty deed versus a quitclaim deed.…

    • 678 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Business Law Notes

    • 255 Words
    • 2 Pages

    1. One rule that emerges from the social contract is that people should never make unsupported judgments about one another but should instead always investigate the facts in an effort to uncover the truth about the character of a person or the nature of a situation.…

    • 255 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    1.Eagle Stores, Inc. borrows $5,000 each from EZ Loan Corporation, First National Bank, and Great Products Corporation. Eagle uses its "present inventory and any thereafter acquired" to secure the loans from EZ Loan and First National. EZ Loan perfects its interest on April 1, followed by First National on April 5. Eagle buys new inventory on April 10 from Great Products and signs a security agreement, giving Great Products a purchase-money security interest (PMSI) in the new inventory. On the same day, Great Products perfects its interest and notifies EZ Loan and First National. Eagle takes possession of the new inventory on April 15. On April 20, Eagle defaults on all of the loans.…

    • 1963 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Anna and Mark are residents of Memphis, Tennessee. While they were married, they purchased a condominium in Gatlinburg, Tennessee for vacation purposes. They purchased the condominium with marital funds and as tenants by the entirety. In 2004, Mark and Anna divorced, but maintained a friendly relationship. Since they both wanted to continue to have access to their condo in Gatlinburg, they had their lawyers insert the following clause into their divorce agreement:…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Australian Property Law

    • 63351 Words
    • 254 Pages

    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 Australia Ltd (1976) 9 Karacominakis v Big Country Developments (2000) 11 Mortgages: 11 Yazgi v Permanent Custodians Ltd (2007) 11 Volunteers 12 Bogdanovic v Koteff (1988) 12 Rasmussen v Rasmussen [1995] 13 Exceptions to Indefeasibility 14 Fraud Exception: 15 Loke Yew v Port Swettenham Rubber Co Ltd [1913] 15 Assets Co Ltd v Mere Roihi [1905] 16 Schultz v Corwill Properties (1969) 16 Russo v Bendigo Bank Ltd (1993) 17 The In Personam Exception 18 Bahr v Nicolay (No 2) (1988) 18 Mercantile Mutual Life Insurance Co Ltd v Gosper (1991) 20 Vassos v State Bank of South Australia (1993) 20 Special equity cases: 21 Personal equity and breach of trust: 22 Personal Equities and Mistake 23 OTHER EXCEPTIONS; OVERRIDING STATUTES 23 The Register, equitable interests and caveats 26 The Register 26 Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd 26 White v Betalli [2007] NSWCA 243 27 Equitable interests and unregistered instruments 27 Barry v Heider (1914) 19…

    • 63351 Words
    • 254 Pages
    Good Essays
  • Powerful Essays

    Law Studies Module 2 Notes

    • 1140 Words
    • 3 Pages

    On the local level, there are usually city and county ordinances. Some ordinances include "noise laws" that restrict the amount of noise allowed in a neighborhood, weight limits on vehicles on certain roads, and "leash laws" for pets when they are outside. Another increasingly common ordinance is the banning of skateboards and inline skates in public parking lots.…

    • 1140 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376.…

    • 2675 Words
    • 11 Pages
    Good Essays
  • Powerful Essays

    Property Law Outline

    • 64374 Words
    • 258 Pages

    a. But the land has been claimed for the most part - what's left to take occupancy of…

    • 64374 Words
    • 258 Pages
    Powerful Essays
  • Good Essays

    The life of a peasant in the dark age was miserable. Peasant gave up their freedoms to powerful Lords for protection, but limited their freedoms and doomed them to a life of poverty.…

    • 399 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Blaw Notes

    • 279 Words
    • 2 Pages

    Business process or information that cannot or should not be patented, copyrighted or trademarked. Protected from competitors…

    • 279 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Law Paper

    • 1747 Words
    • 7 Pages

    One of the most controversial cases in American law is Roe v Wade, a decision impacting abortion laws in America. In the case, the Supreme Court ruled that a woman has a right to have an abortion anytime in the first trimester and can have an abortion in the second trimester under stricter conditions regarding the facility the abortion is performed in and the physician who performs the procedure. The decision angered many states because they previously had laws prohibiting abortion because many people at the time found it unsafe and immoral. The court defended its decision based on the 14th amendment, which gives a woman a fundamental right to “personal, marital, familial and sexual privacy” that is “protected by the bill of rights” (Baird 34). Fundamental rights, like freedom of speech, can only be taken away if the state has a compelling argument to take the right away. If a right is not deemed fundamental, the government only has to have a “rational scheme to achieve collective good” (Tribe 10). The most common example of this is driving; a right, which the government can take away for bad eyesight or not following traffic laws (Tribe 10). Since a woman’s right to privacy is fundamental, the court had to find a compelling argument to take the right away. In the past, abortion has been illegal because the government determined that protecting a woman’s health from unsafe procedures, discouraging illicit sexual acts, and protecting prenatal life were compelling arguments that could be used to take away the right to privacy. In today’s society, the court needs to consider similar compelling arguments. The court should find protecting the potentiality of life and the damage abortion can cause to women’s physical and emotional health as compelling arguments that can be used to overturn the decision of Roe v Wade and make abortion illegal in America.…

    • 1747 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Legal Studies Summary Notes

    • 5906 Words
    • 24 Pages

    Representative government- means that the government must represent the views and interests of the people who voted them in. if they fail to do so then they will not be elected the next time, or could be kicked out of the parliament by the Governor General. Responsible government- the government must be answerable to the people and the parliament for its actions. If they fail to do so then they won’t be re-elected. Separation of power The power of government is divided into 3 main factions, Legislature, Executive and Judiciary. This is done so no-absolute person or body holds all the powers of the government and also so to prevent the parliament from possible abuse over power.    Legislature- is in chapter one of the commonwealth constitution, which is made up of the parliament members. They have the power to make laws. Executive- is in chapter two of the commonwealth constitution, made up of the Prime Minster and its Cabinet. They have the power to administer laws. Judiciary- is in chapter three of the commonwealth constitution, made up of the courts. They have the power to interpret and enforce laws.…

    • 5906 Words
    • 24 Pages
    Good Essays
  • Good Essays

    property

    • 338 Words
    • 1 Page

    The play “A Property of the Clan” written by Nick Enright is based on a true story and was first published in 1994. A play is written to be performed whereas a novel is written to be read. The target audience of this play is teenagers, to inform them about the dangers of labeling and stereotyping people based on appearance. The other message that the playwright is trying to convey is that if you are not prepared to act and stop something from happening then you are equally to blame.…

    • 338 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Legal Studies 3/4 Notes

    • 9289 Words
    • 38 Pages

    The Principle of Representative Government • • • • • Government for the people, by the people People elect representatives Answerable to the people for their actions Must represent the views of the majority of people Failure to represent = loss of confidence = loss of government…

    • 9289 Words
    • 38 Pages
    Powerful Essays