Landgate Assignment PDF

Preview

Summary

Landgate Activity Assignment...

Description

LANDMARK EXERCISE, Property Law 1, 2020 The marks allocated total 45. This will be adjusted to reflect the 20% allocated to this exercise. To assist you, you should refer to the practice manuals and other information available via the Landgate Website as well as information discussed in your lecture and readings. DUE DATE 5 June 2020 PLEASE LODGE VIA BLACKBOARD. PLEASE ATTACH YOUR ASSIGNMENT AS A SINGLE PDF DOCUMENT. Activity 1 (20 Marks as shown) Answer the following questions, ensuring that you always give reasons and statutory authority (e.g. s 68 TLA) for your answers wherever possible.

1.

Assume that you wish to buy some land. A man produces the duplicate certificate of title for that land which shows him to be the registered proprietor and that there are no registered encumbrances. Is it safe to reply upon the duplicate certificate title as evidence of registered interests in the land?

_______________________________________________ _______________________________________________ _______________________________________________

No, it is not safe to reply upon the duplicate certificate title as evidence of registered in the land. The original certificate of title contains information pertaining to registered encumberances, duplicate certificates of title do not (s48A and s48B TLA).

(2 Marks) 2.

In what year did Western Australia adopt the Torrens system of land registration, and by what legislation? The year of adoption of the Torrens system was 1875. The Transfer of Land Act 1893 (WA). _______________________________________________

_______________________________________________ (1 Marks) 3.

Explain the concept of indefeasibility of title, and how indefeasibility of title is acquired.

The concept of indefeasibility of title is that the register is the final and accurate _______________________________________________ record of all land interests. Thus the title is unable to be disputed as there is a guarantee that the proprietor's interest is indefeasable. _______________________________________________ There are two ways in which indefeasibility of title is acquired: - _______________________________________________ immediate indefeasibility: upon registration of the interest in the land (even through error or fraud) - deferred indefeasibility: subject to there being no immediate indefeasibility, title may be acquired at a later time. (2 Marks)

1

4.

Why is the registration of a dealing in Torrens land important, and why may the time of the registration of that dealing be critical? Ensuring registration of a dealing in Torrens land is important as it guarantees an _______________________________________________ indefeasibility of title.

_______________________________________________ Time of the registration is critical to determine whose interest in the land will prevail over _______________________________________________ another interest. (2 Marks)

5.

What sort of information does a Property Interest report give you and why is it useful?

A property Interest report provides property details, summary and detailed information. _______________________________________________ This will provide a party with a summary of each of the interests held in that property, _______________________________________________ and who holds that interest. It is important as information that may not be contained within the original certificate of _______________________________________________ title may be available in this report. eg: interests not accessible by landgate may be (2 Marks) available here. 6.

All lots in WA have a legal survey plan which record the official legal boundaries to land. There are 3 types of legal survey plans available from the public register. What are these 3 types of plans? Survey Plan: provides a plan of a lot existent in a subdivision. _______________________________________________

Strata Plan: provides a plan of lots that exist in a strata. _______________________________________________ Survey Strata Plan: provides a plan of the dimensions and boundaries of a parcel of land. _______________________________________________ (3 Marks) 7.

In summary, what are the following areas currently being investigated with respect to strata titles reform by Landgate? - Better buyer information - Efficient dispute resolution _______________________________________________

- Improvements to Strata Management - A better process for scheme termination _______________________________________________ - Leasehold Strata - Development, Subdivision and Planning Changes _______________________________________________ _______________________________________________ (2 Marks) 8.

You lodge a dealing over land with Landgate. The following week, you receive a requisition from Landgate regarding that dealing. Why is it critical that you correct the dealing in accordance with the requisition within the time frame stipulated? Correcting a dealing in accordance with the requisition within the time-frame stipulated _______________________________________________

is important as Landgate may reject the application. _______________________________________________ Repurcussional effect of not complying with the time-frame may be that other interests _______________________________________________ may be registered - which may result in that interest being valid. _______________________________________________ (2 Marks)

2

9.

A rogue fraudulently transfers title to your land himself. Can you recover your title to the land? If so why? If not, why not?

s42 RPA - the interest will be defeasible and is able to be set aside. _______________________________________________ s118 RPA - a registered proprietor is not protected for the recovery of land if it was _______________________________________________ registered through fraudulent activity. _______________________________________________ The party who has been deprived of their land would be able to recover title to their land. (2 Marks)

10.

Would your answer to question 9 be any different if the rogue had then sold the land to C who was not party to any fraud , and if so why, and if not why not? The third party would acquire an indefeasible title to the land. The newly registered interest _______________________________________________

would effectively defeat any legitimate interests that were registered prior to this. _______________________________________________ _______________________________________________ _______________________________________________

(2 Marks)

Activity 2 (10 Marks) Title Interpretation Exercise (Use the Record of Certificate of Titles in Appendix 1 for this task) 1.

What is the previous title number? VOL 1925

2.

41

. (0.5 Marks)

What is the current title number? VOL 1925

3.

FOL

FOL

45

.(0.5 Marks)

Who are the registered proprietors, and what is the legal land description? (2 Mark)

Registered proprietors: Ronald Charles Elliot and Margaret Grace Elliot. Legal Land Description: Lot 4 on Plan 18284.

3

4.

Giving reasons, does the record of certificate of title identify all interests that may exist in this land?(2 Mark)

The record of certificate is limited in identifying interests in the land. Unregistered interests are not outlined.

5.

Who was the owner of the land, prior to the current owners, and on what date did the current owners become registered as proprietors?(1 Mark) Prior Owners: Western Austrlaian Development Corporation.

Current Owners became registered proprietors on 11 Nov 1992.

6.

Are there any current registered Limitations Interests Encumbrances & Notifications on the title to the land, and if so, what are they? (1 Mark).

The current registered Limitations, Interests, Encumbrances and Notifications: Registered restricted covenant on the land and a Commonwealth Bank Mortgage.

7.

What is the size of this land, and on what title would you find a sketch of the land? (1 Mark) Size: 789m2

Title: 1925-45

8.

How would you establish the nature of the restrictive covenant which burdens this land? (2 Mark) Contacting Landgate and providing them with the restrictive covenant number will assist in establishing

the nature of the restrictive covenant.

4

Activity 3 (2 Marks- 0.5 Marks per question) Go to Appendix 2 which contains a photocopy (search) of a Transfer of Land (Form T1). Based on this document, locate the bar code and answer the following questions: 406598 What is the registration number of this Transfer? ___________________ 24 Jan 2003 What date and was it executed? ______________________

What is the date and time of its registration? 31 Jan 2003 at 03:07:20 pm _________________________ 31 Jan 2003 From what date did this transfer get its priority of registration? ____________

Activity 4 (5 Marks) CONVEYANCING EXERCISE Using Certificate of Title Volume 1925 Folio 45 (see Appendix 1) and a Form T1, transfer the land to yourself and another person as joint tenants, as trustee of the Johnson Family Trust (there is a trick in this exercise designed to catch out the unwary!). The consideration (purchase price) is $100,000.00, exclusive of goods and services tax. Assume that Mortgage G238175 will be discharged on settlement. The buyer is happy to buy the land subject to the restrictive covenant that encumbers the land. Note:

When preparing this transfer, make up signatures for the transferors and the transferees comply with the witnessing requirements of Section 145 of the Transfer of Land Act 1893 (WA).

PLEASE MAKE SURE YOU HAVE WRITTEN ON THE FRONT OF THIS DOCUMENT “CREATED FOR TRAINING PURPOSES ONLY”

5

Activity 5 (8 Marks) CONVEYANCING EXERCISE When you and the other buyer bought the land mentioned in Activity 4, you wished to ensure that the seller did not deal with the land after you had agreed to buy the land and before you became the registered proprietor. You agreed to purchase the land pursuant to a contract for sale of land by offer and acceptance dated 1 May 2015 and made between you and the other person as purchasers as joint tenants , as trustee of the Johnson Family Trust , and the Seller. Prepare a caveat in registrable form using a C1 Form to protect your interest as a buyer of the land.

END OF LAW2102 ASSIGNMENT 2

6

Appendix 1 THIS TITLE HAS BEEN CREATED FOR TRAINING PURPOSES ONLY

CT 1925/45 to be annexed also

7

Appendix 2

8

9

FORM TI WESTERN AUSTRALIA TRANSFER OF LAND ACT 1893 AS AMENDED.

TRANSFER OF LAND (CREATED FOR TRAINING PURPOSES ONLY) DESCRIPTION OF LAND (Note I)

EXTENT

VOLUME

FOLIO

ESTATE AND INTEREST (Note 2)

LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 3)

TRANSFEROR (Note 4)

CONSIDERATION (Note 5)

TRANSFEREE (Note 6)

THE TRANSFEROR for the consideration herein expressed HEREBY TRANSFERS TO THE TRANSFEREE the estate and interest herein specified in the land above described, subject to the encumbrances as shown hereon.

Dated this

day of

Year

TRANSFEROR/S SIGN HERE (Note 7)

TRANSFEREE/S SIGN HERE (Note 7)

Signed by

Signed by

In the presence of

In the presence of

Signed by

Signed by

In the presence of

In the presence of

10

INSTRUCTIONS 1. If insufficient space in any section hereon, (or if the Transferee requires a Duplicate Certificate(s) of Tittle to issue where a request for non-issue has been received previously, or that a Duplicate Certificate of Title not be issued subsequent to this Transfer of Land), then Form T2 should be used. Additional sheets should not be used. 2. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the person signing this document and their witnesses. 3. Duplicate Crown Lease or where issued, the Duplicate Certificate of Title is required to be produced or if held by another party then arrangements must be made for its production. NOTES 1. DESCRIPTION OF LAND Lot and Diagram/Plan number or Location name and number to be stated. Extent – Whole, part or balance of the land comprised in the Certificate of Title / Crown Land Title to be stated. The Certificate of Title / Crown Land Title Volume and Folio number to be stated. 2. ESTATE AND INTEREST State whether Fee Simple, Leasehold or as the case may be in the land being transferred. If share only, specify. 3. LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS In this panel show (subject to the next paragraph) those limitations, interests, encumbrances and notifications affecting the land being leased that are recorded on the crown land title: a) In the Second Schedule; b) If no Second Schedule, that are encumbrances. (Unless to be removed by action or document before registration hereof) Do not show any: a) Easement Benefits or Restrictive/Covenant Benefits; or b) Subsidiary interests or changes affecting a limitation, etc, that is to be entered in the panel (eg, if a mortgage is shown, do not show any partial discharges or any document affecting either). The documents shown are to be identified by nature and number. The plan/diagram encumbrances shown are to be identified by nature and relevant plan/diagram. If none show “nil”.

Office Use Only

TRANSFER LODGED BY

ADDRESS

PHONE No. FAX No. REFERENCE No. ISSUING BOX No.

PREPARED BY

ADDRESS

PHONE No. FAX No.

INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY

4. TRANSFEROR State full name of the Transferor(s) (Registered Proprietor) as shown on the Certificate of title or Crown Lease. 5. CONSIDERATION If a sum of money only, to be expressed in figures and in every other case to be concisely stated in words. 6. TRANSFEREE State the full name of the Transferee (s) (Purchaser) and the address / addresses to which future notices can be sent. If a minor state date of birth. If two or more, state tenancy, eg. Joint Tenants, Tenants in Common. If Tenants in Common, specify shares. 7. TRANSFEROR’S AND TRANSFEREE’S EXECUTION A separate attestation is required for every person signing this document. Each signature should be separately witnessed by an Adult Person. The address and occupation of witness must be stated.

TITLES, LEASES, DECLARATIONS ETC LODGED HEREWITH 1. Received Items 2.

Nos.

3. 4.

Receiving Clerk

5. 6.

Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day and time shown above and particulars entered in the Register.

EXAMINED

11

FORM T1 WESTERN AUSTRALIA TRANSFER OF LAND ACT 1893

TRANSFER OF LAND DESCRIPTION OF LAND (Note 1)

EXTENT

LOT 4 ON PLAN 18284

WHOLE

VOLUME

1925

FOLIO

45

ESTATE AND INTEREST (Note 2)

FEE SIMPLE

TRANSFEROR (Note 3)

RONALD CHARLES ELLIOT MARGARET GRACE ELLIOT

CONSIDERATION (Note 4)

ONE HUNDRED THOUSAND DOLLARS

TRANSFEREE (Note 5)

CAMILLE MCEWAN OF 45 MALONE LOOP MEADOW SPRINGS MICHELLE POND OF 11 CONIMBLA LANE AUBIN GROVE AS JOINT TENANTS

The TRANSFEROR for the consideration herein expressed transfers to the TRANSFEREE the estate and interest herein specified in the land herein described, subject to the Limitations, Interests, Encumbrances and Notifications as shown on the Certificate of Title and/or otherwise affect the land under the Transfer of Land Act 1893.

Dated this 05 TRANSFEROR/S SIGN HERE (Note 6) Signed by

RONALD CHARLES ELLIOT

In the presence of

Signed by In the presence of

day of

JUNE TRANSFEREE/S SIGN HERE (Note 6) Signed by

CAMILLE MCEWAN

In the presence of

MARGARET GRACE ELLIOT

Signed by In the presence of

MICHELLE POND

Year

2020

OFFICE USE ONLY INSTRUCTIONS 1.

If insufficient space in any section hereon, (or if the Transferee requires a Duplicate Certificate(s) of Title to issue where a request for non issue has been received previously, or that a Duplicate Certificate(s) of Title not be issued subsequent to this Transfer of Land), then Form T2 should be used. Additional sheets should not be used.

2.

No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons signing this document and their witnesses.

3.

Duplicate Crown Lease or, where issued, the Duplicate Certificate of Title is required to be produced or if held by another party then arrangements must be made for its production. NOTES

1.

DESCRIPTION OF LAND Lot and Diagram/Plan/Strata/Survey-Strata Plan number or Location name and number to be stated. Extent - Whole, part or balance of the land comprised in the Certificate of Title to be stated. The Volume and Folio or Crown Lease number to be stated.

2.

ESTATE AND INTEREST State whether Fee Simple, Leasehold or as the case may be in the land being transferred. If share only, specify.

3.

TRANSFEROR State full name of the Transferor/Transferors (Registered Proprietor) as shown on the Certificate of Title or Crown Lease.

4.

CONSIDERATION If a sum of money only, to be expressed in figures and in every other case to be concisely stated in words.

5.

TRANSFEREE State full name of the Transferee/Transferees (Purchaser) and the address/addresses to which future notices can be sent. If a minor, state date of birth. If two or more state tenancy eg; Joint Tenants, (on the death of a joint tenant, the survivor(s) become(s) the registered proprietor(s) of the deceased’s interest by applying to the Registrar of Titles), Tenants in Common, (on the death of a tenant in common, their share is dealt with according to their will). If Tenants in Common specify shares.

6.

TRANSFEREE’S TRANSFEROR’S EXECUTION Transferees and Transferors must sign their appropriate panel. A separate attestation is required for every person signing this document. Each signature should be separately witnessed by an adult person. The full name, address and occupation of the witness must be stated. Execution by a corporation or body corporate must be in accordance with the Corporation Act 2001.

TRANSFER LODGED BY ADDRESS

PHONE No. FAX No. REFERENCE No. ISSUING BOX No.

PREPARED BY ADDRESS

PHONE No.

FAX No.

REFERENCE No. INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY.

TITLES, LEASES, DECLARATIONS ETC. LODGED HEREWITH 1. 2.

Received Items No.s

3. 4. 5. 6.

Receiving Clerk

Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day an...