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13 Cards in this Set
- Front
- Back
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S 62 LTA |
Confers indefeasibility of title Protects a RP against all actions for possession or recovery of land |
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Exceptions to S62 (through S63) |
Mortgagee against mortgagor in default Lessor against lessee in default Person deprived of land by fraud Someone who acquired title from fraudster but was NOT a bone fide purchaser for value without notice |
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Maori Freehold Land |
Indefeasibility provisions are not overridden by the TTWMA. We confer good title even if provision of act are not complied with - (Warin v R-G)
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Trespass |
Intentional or negligent entry by one person onto land in the possession of another
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Forms of Trespass |
Unauthorised entry onto land of another Remaining on land after authority or license revoked/expires Putting an object on the land and leaving it there |
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What does trespass require? |
Possession. Physical control and intention to exclude all others Proof of ownership is prima facie evidence of possession |
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Injury to reversion |
Where the trespass has caused a permanent injury to the land affect the value of the inheritance. Person who is entitled in reversion may sue for a present injury to his interest |
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Leases |
Confer right of exclusive possession and immediate right to possess during term lease |
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S 241 - PLA |
Transferor remains liable If there has been a transfer or assignment of lease, the transferor remains liable to lessor for; - To pay rent - Observance and performance of all covenants of the lessee |
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Cancellation |
Lessor can cancel if rent unpaid for 15 working days or if covenant not performed for 15 days. |
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S 207 - Short Term Lease |
Means unregistered lease Lease for 1year or less Periodic tenancy for periods of 1year or less Not automatically binding on a transferee of fee simple
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S 212 - Lease terminating on occurrence of future events |
Max length 10years Cannot be registered but creates an equitable estoppel in the land |
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Licence |
A licence is a contract for the occupation or use of land that does not create a property interest Not necessarily exclusive |
