Torrens System extensive notes in form of Answe...
Property Law-Torrens System extensive notes in form of Answer Plan (18 pages)
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STEP ONE: DOES THE LAND COME UNDER THE TORRENS SYSTEM (TLA) Question to ask: was the land conveyed/granted before or after 1874 S. 20 TLA: o Land held by the Crown at 1874 and subsequently conveyed/granted was automatically Torrens system land o Land conveyed prior to 1874 and land still retained by the Crown remained general law land Part II of the TLA: provides for a means by which persons can voluntarily bring land under the TLA by bringing an application according to the provisions of this part. Once a s. 20 application is approved, a CoT is issued and added to the register S. 30-32 TLA: a caveat can be brought to retain the land as general law land (for a good reason). STEP TWO: WHEN IS IT THAT INDEFEASIBILITY ATTACHES (IMMEDIATE OR DEFERRED INDEFEASIBILITY ) Essentially: argument comes down to which approach of Gibbs v Messer you follow. Indefeasibility is not defined in th...
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