Land Law Exam Notes - 83 HD- Copy & Paste Answer Guides

Description

**PLEASE HAVE A LOOK AT THE SAMPLE** These notes contain step-by-step answer templates for use in the land law exam or assignment. Rather than following the usual week-by-week format, I have arranged the material in the logical order of the topics, so as to anticipate questions and structure answers more effectively. Topics Covered: Topic 1 — Dealing with Unregistered Interests Creation and Failure (part performance, creating equitable interests, specific performance, caveatable interests) Can a caveat be removed? Priority Disputes Where there are two registered interests Where there is a dispute between unregistered interests Heid v Reliance Finance Corp Pty Ltd (1983) 154 CLR 326 Jacobs v Platt Nominees Pty Ltd [1990] VR 146 Failure to lodge a caveat Effect of notice Differing views Topic 2 — Indefeasibility and its Exceptions Registration Exceptions to Indefeasibility Deferred indefeasibility Fraud Erroneous description Paramount Interests: Adverse possession (s42(2)(b) TLA) Public rights of way (s42(2)(c) TLA) (public easements) Easements (s42(2)(d) TLA) Tenant interests — exception: option to buy (s42(2)(e) TLA) Unpaid land taxes and council fees (s42(2)(f) TLA) In Personam Knowing receipt of trust property Volunteers Remedies: The Torrens Assurance Fund Inconsistent Legislation Topic 3 — Electronic Conveyancing Subscriber (Generally) Verification of Identity (VoI) Safe Harbour — Client Authorisation Digital Signature eCTs (Generally) Fraud — case examples Topic 4 — Co-ownership Steps in Answering a Co-ownership Question Step 1 — Determine the Type of Co-ownership Rebutting the Presumption of Joint Tenancy (Law) Rebutting the Presumption of Joint Tenancy (Equity) Severance Rights at Law Right of survivorship Rights of Tenants in Common Rights and Duties of Co-owners Can a Sale be Ordered by VCAT?