Real Property Final Exam Notes
Old System Title
Legal Interests under Old System Title
S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied, namely:
1. Instrument relating to the land (excludes wills) must be effective and not void
2. Made in good faith
a. There must be no fraud – Re Cooper
b. It must be bona fide - Marsden v Campbell
c. Notice only effective after registration, no notice before registration, but after settlement – Scholes
d. Knowledge before registration is irrelevant – Burrows
e. Scholes can be avoided if settlement takes place after registration and what is registered is not a transfer, but a contract for the sale of land - Moonking
3. With valuable consideration
4. Registered under this section or Registration and Deeds Act as an instrument. Must be created by instrument
Priority is given to the first person registered. There is no indefeasibility in Old System.
S184G Cases
Darbyshire- if a person has a registered equitable interest then this gives rise to a legal interest. Priority is given to the first registered interest, the second registration is irrelevant
Types of Estates in Old System
Legal estate in fee simple:
• Purchaser receives a legal interest at settlement when they get a conveyance by deed. The estate passes from the vendor to the purchaser.
• A first mortgage by deed at settlement, where the vendor delivers
• The legal estate may only vest with 3 parties: o Vendor before settlement o Purchaser post settlement (who may be subject to) o First mortgage post-settlement
• Interests may also be non-legal in nature, such as those from statute:
• Deeds of easement
• Deeds of Lease
• Lease that complies with s23D CA o Immediate right to possession o Less that 3 years in duration o Obtained for the best rent possible
Equitable Interests
• Purchaser has a legal interest prior to exchange of contracts, from then on, it becomes a legal
Legal Interests under Old System Title
S184G CA: priority given to the earlier same as s 12 of the former Registration and Deeds Act. If the four elements are satisfied, namely:
1. Instrument relating to the land (excludes wills) must be effective and not void
2. Made in good faith
a. There must be no fraud – Re Cooper
b. It must be bona fide - Marsden v Campbell
c. Notice only effective after registration, no notice before registration, but after settlement – Scholes
d. Knowledge before registration is irrelevant – Burrows
e. Scholes can be avoided if settlement takes place after registration and what is registered is not a transfer, but a contract for the sale of land - Moonking
3. With valuable consideration
4. Registered under this section or Registration and Deeds Act as an instrument. Must be created by instrument
Priority is given to the first person registered. There is no indefeasibility in Old System.
S184G Cases
Darbyshire- if a person has a registered equitable interest then this gives rise to a legal interest. Priority is given to the first registered interest, the second registration is irrelevant
Types of Estates in Old System
Legal estate in fee simple:
• Purchaser receives a legal interest at settlement when they get a conveyance by deed. The estate passes from the vendor to the purchaser.
• A first mortgage by deed at settlement, where the vendor delivers
• The legal estate may only vest with 3 parties: o Vendor before settlement o Purchaser post settlement (who may be subject to) o First mortgage post-settlement
• Interests may also be non-legal in nature, such as those from statute:
• Deeds of easement
• Deeds of Lease
• Lease that complies with s23D CA o Immediate right to possession o Less that 3 years in duration o Obtained for the best rent possible
Equitable Interests
• Purchaser has a legal interest prior to exchange of contracts, from then on, it becomes a legal