Preview

Breskvar V Walker Case Summary

Good Essays
Open Document
Open Document
2675 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Breskvar V Walker Case Summary
TORRENS TITLE * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: “a convenient description of the immunity from attack by adverse claim to the land or interest in respect of which he is registered, which a registered proprietor enjoys”

EXCEPTIONS TO INDEFEASABILITY * FRAUD- in the case of fraud a proprietor can be removed
…show more content…
Son inherited house. Breskvar v Wall applied - no distinction is made between volunteers and purchasers hence indefeasibility is given to the son SHORT TERM LEASES Under 42(1)(d) of the Real Property Act, a registered interest is subject to a short-term lease if: * The term of the lease is less than 3 years including any options, * The tenant is in possession or entitled to immediate possession, * The registered proprietor before he or she became registered as proprietor had notice against which he or she was not protected: OVERRIDING STATUTES Pratten v Warringah Shire Council (1969) 90 WN (NSW) (Pt 1) 134, Barry v Heider (1914) 19 CLR 197

* Barry was the registered proprietor of Torrens land. He had signed a document of transfer under which he agreed to transfer his interest in the land to Schmidt for consideration of £1,200. * The transfer stated that this had been paid, but Barry’s evidence was that he had received nothing. He claimed that he thought he was signing a contract, not a transfer and that the agreed sale price was
…show more content…
This means that a purchaser should at least undertake 2 types of enquiries: * The purchaser has a duty to physically inspect the land (Barnhart v Greenshields, Hunt v Luck), and, * The purchaser should search the documents of title and the register.

CAVEATS
S74F RPA- Lodgment of caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants.
A caveat may be lodged: * Where a person claims to be entitled to a legal or equitable estate or interest in the land; * Where the registered proprietor has lost the certificate of title and fears an improper dealing with the land; * To prevent the granting of a possessory application;. * To prevent the improper exercise by a mortgagee of a power of sale; * By the Registrar-General to protect interest of a person under a legal disability or on behalf of the Queen

Rule in Person-to-Person Finances Pty Ltd v Sharari [1984] 1 NSWLR

You May Also Find These Documents Helpful

  • Satisfactory Essays

    1. All contracts involving interests in land must be in writing to be enforceable –T…

    • 936 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    LRW - Tenant Sublet problem

    • 3370 Words
    • 14 Pages

    the notices of termination and petition and in light of Ms. Dillon’s unreasonable denial to sublet.…

    • 3370 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    LRWA carmichael analysis

    • 1136 Words
    • 3 Pages

    In order to show control over a property, a buyer must demonstrate “open and notorious” ownership that shows that the seller no longer owns the property. Thorton, 164 S.W.2d at 250-51. A buyer can demonstrate ownership when he takes…

    • 1136 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Fct V Whitfords

    • 1307 Words
    • 6 Pages

    * This is considered to be a process of realizing capital because the land can no longer be used…

    • 1307 Words
    • 6 Pages
    Satisfactory Essays
  • Better Essays

    (b) No title shall be vested by virtue of such adverse possession, unless such conveyance, devise, grant, or other assurance of title shall have been recorded in the register's office for the county or counties in which the land lies during the full term of said seven (7) years' adverse possession. (Tennessee legislation, 2012)…

    • 1880 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Notice to Complete

    • 1451 Words
    • 6 Pages

    • Whether the first defendant would have exchanged contracts to purchase the property regardless of whether there was an interested buyer or not.…

    • 1451 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    This special condition is an attempt to exempt a Purchaser from making an objection, requisition or a claim in respect of the encroachment of the garage. On its face it appears that John will be unable to object, requisition or claim in relation to the encroachment.…

    • 1383 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    badm 300 exam2 review

    • 2254 Words
    • 10 Pages

    2. Adverse possession – you take some lands and use it long enough and becomes yours…

    • 2254 Words
    • 10 Pages
    Satisfactory Essays
  • Good Essays

    Law: Deed Case Study

    • 678 Words
    • 2 Pages

    The legal definition of a Quit Claim Deed is a deed which transfers only that interest in the real property which the grantor actually has. This means nothing to me so in layman’s terms “A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record.” (uslegal.com)…

    • 678 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The right to exclude others or to have control over the access of strangers from the benefits of a property is hence the key in identifying what is (or is not) property, and in defining the ‘propertiness’ of property.[5]…

    • 835 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Property Law notes

    • 4794 Words
    • 20 Pages

    Gibbs v Messer  “the object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register in order to investigate the history of their author’s title, and to satisfy themselves of its validity” pg 357 CB…

    • 4794 Words
    • 20 Pages
    Better Essays
  • Powerful Essays

    I INTRODUCTION The Torrens system was first introduced in South Australia in 1858, with other states soon adopting similar legislation. Thus, the Torrens system has come to underpin the transfer of land within Australia. The key feature of the this system is that it involves independent titles, as opposed to the dependent nature of old system title, which required a retrospective investigation of title each individual time the land was conveyed. Moreover, the recognition of equitable rights forms the basis of the caveat system in the Torrens system.…

    • 2003 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Because Colman’s interest has not been protected on a register, it is at risk of being overreached by the purchaser (in this case Eleanor). S.2(1(1) of the Law of Property Act 1925 states that any equitable interest can be…

    • 2991 Words
    • 12 Pages
    Powerful Essays
  • Satisfactory Essays

    Rylands vs. Fletcher

    • 370 Words
    • 2 Pages

    A person using their land in a reasonable manner is not liable for damage done by the wrong act of 3rd parties…

    • 370 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Land Law in Kenya

    • 7597 Words
    • 31 Pages

    An interest in land according to The Registered Land Act Cap 300 is defined as follows: “interest” in land includes absolute ownership of land.…

    • 7597 Words
    • 31 Pages
    Powerful Essays