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10 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the types of interests that can be registered under the LTA? (Part 1)
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A fee simple alienated by the State: s47 LTA
A transfer of a lot or of an interest in a lot: s60(1) A life interest: s55 A lease of a lot or of part of a lot: s64 A mortgage: s72 |
FTLLM
Follow The Left Lane Margin |
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What are the types of interests that can be registered under the LTA?
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An easement: s82
A title by an adverse possessor: s99 A profit a prende: s97E A writ of execution: s116 A power of attorneyL s133 A building management statement: s54A-54I An environmental covenant under s97A |
EAPWPB
Easy And Peasy Will Perfect Beazly Easily |
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section 28 LTA stipulates that the register must record sufficient particulars to identify:
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a) every lot under the act
b) every interest registered in the register; c) the name of each person holding a registered interest; and d) all instruments registered in the register |
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What are interest not capable of registration??
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Beneficial interests under trusts: s109-110
An interest in remainder, whether vested or contingent: s55 LTA A restrictive covenant which is not specifically referred to in s97A |
CAR
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What happened in the case of Beames and Leader?
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The registrar refused to register the interest in a lot as it believed that the land claimed was partly owned by the state. Held that the registrar is not entitled to refuse registration
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Once issued, a certificate of title is conclusive evidence of the indefeasible title of a lot: s46 LTA. This is subject to two exceptions...
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1. When any of the exceptions to indefeasibility operate: s46(a)
2. Except as far as the particulars specified in the certificate differ from the current particulars in the freehold land register: s46(b) |
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what is the relevant section in the LTA for compensation for loss of title?
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ss188-190 LTA
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the act of registration creates or transfers a legal interest in the land: Pt 9 LTA. What are the benefits of this?
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1. Creation or passage of the estate at law;
2. Instrument becomes part of register and takes effect as a deed; 3. Determination of priority of instruments 4. Conferral of conclusive evidence; and 5. Conferral of the benefits of indefeasibility |
PERIL
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what is deferred indefeasibility?
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Complete indefeasibility is deferred until the moment of time when a transfer to another bona fide purchaser for value is registered
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What is immediate indefeasibility?
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A registered proprietor immediately acquires an indefeasible title even if the instrument under which he/she registered is void or voidable
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