WEEK 5 - Intro TO Torrens ( Basic Indefeasibility S 184) PDF

Preview

Summary

Download WEEK 5 - Intro TO Torrens ( Basic Indefeasibility S 184) PDF

Description

Week 5 – Introduction to Torrens What is the  A system that can show that someone has an interest in land in a register Torrens Title to provide certainty and predictability with land System?  The Old System would be common law system where you had to show there was a chain of title, the original fee simple owner A to sell it to B (he would need to show good title) then B passes it to C through a will (C will need to see if C has good title)  The Land Title Act 1994 (Qld) is a system of registration, which includes your interest in the registry, this system is seen in this legislation  Most land in Queensland is Torrens land or freehold land Freehold  Section 27 LTA Land Register

  

Section 30 LTA: o What is a instrument? It is another term for documents (such as a mortgage form 2) “not subject to being lost, annulled or overturned” Registered = legal = protected (you will get immediate indefeasibility) Unregistered = equitable = shaky protection

 

If an interest is off the register, it would likely be equitable interest S 181 allows for equitable interest to exist off the registry



Indefeasibility

Land Title Act s 181

Land Title Act s 184

 

Interest in a lot (things capable of registration) s 184(1) can apply to these Example



  

If amy defaulted on her loan then the banks interest would take priority and can exercise power of sale of the property ahead of tony, because tony is not registered interest therefore only recognised as equitable interest  The bank would be registered proprietor because the bank has registered their mortgage interest  Section 184(2) LTA o The registered interest of the lot, won’t be affect by unregistered interest EXAMPLE ABOVE: if tony has unregistered interest and has some form of notice and he lets the bank know it wouldn’t matter because mere notice of unregistered interest 

Notice of unregistered interest?

You need to register an interest to be valid at law. S 184, so you’ve registered you interest, what is the quality of interest that you get? o S 184(1) .. means that person will get indefeasible title and is subject to only other registered interest (such as mortgage, easement or lease – so whoever else is registered there will take subject to other persons interest) Ownership (title) o Individual o Co-ownership Lease Mortgage Easement

Breskvar v Wall

Extent of s 184 LTA



B wants the land back A said didn’t do anything and I’m about to register it The court needs to decide who gets the land Protection extends only to those parts of the dealing that relate to the estate For example: personal rights in a mortgage (such as a guarantee) may not be covered by s 184 LTA See [10.195]

     

Torrens is a system where registration is key Section 184 of the LTA is the operative section Various interest in land are capable of registration (protection) Interest in land which are ‘off the register’ are likely only to be equitable Indefeasibility extends only to the estate (not personal covenants)

   

Rural View Development s P/L v Fastort P/L & Anor [2009] QSC 244

Recap...