LAW5018 – Advanced Property Exam Notes

Description

Notes include the following topics, including case summaries: Topic 1, Torrens System and Indefeasibility -Land Systems -Principle of Indefeasibility of Title -Deferred or Immediate Indefeasibility -Registrar’s Power to Correct Register -Compensation -Conveyancing (Sale of Land) Topic 2, Scope of Indefeasibility -Indefeasibility -Registered Scenarios Topic 3 Exceptions to Indefeasibility -Fraud -Fraud – False Attestation -Equitable Interests under Torrens -Relief in Personam -Paramount Interests under the TLA -Volunteers -Inconsistent Legislation Topic 4, Co-Ownership -Defining Co-Ownership -Joint Tenancy (JT) -Tenants in Common (TIC) -Severance of a JT -Termination of Co-Ownership (Sale or Division) -Rights and Duties of Co-Owners Topic 5, Equitable Interest and Trust -Trusts -Resulting Trust (RT) -Constructive Trust (CT) -Estoppel -Remedies -Institutional v Remedial CT Topic 6, Protecting Registered and Unregistered -Interests -Caveat System -Mere Equity -Priority Notices Topic 7, Priority Disputes -Priority Tests -Postponing Conduct -Equities