land - indefeasible title

Question 1

what is s51

Answer 1

onbce an interest is registered it gains an indefeasible title

Question 2

what are the two exceptions to infefeasible title

Answer 2

1. registered owner has committed fruad (s52)
2. regesitered owner is subject to an inpersonam claim (s51(5))

Question 3

s6

Answer 3

fraud =
forgery or other disconduct by the RO or the RO agent, in acquring a registered estate or interest againts a
- RO of an estate or interest in land
- owner of an unregistered interest

Question 4

under s6, the unreistered owner needs to

Answer 4

need to be interested in getting the land, had actual knwoldge or was wilfully blind to the unreg interest AND intended at the time to defeat the unreg interest

Question 5

in the defeintion of fruad there is a term ‘of otehr dishonest conduct’
what is a case that can help me find out what this may mean

Answer 5

waimiha sawmilling

Question 6

waimiha sawmilling

Answer 6

IF THE TRANSFER IS TO CHEAT MAN OUT OF A KNOWING EXISTING RIGHT, FRUADLENT
deliberate and honest trick, deliberately dishonest,

Question 7

REGISTERED OWNER CASES

Answer 7

burmeister v obrien

Question 8

burmeister v obrien

Answer 8

• eldery eneter into scheme, place home into fam trust, scheme was fake, now OB own their house
• The OB had committed LTA fruad as they cheated b out of the title as they
• knew they didnt want to sell
• knew they wouldnbt have intended to sigh over prop
• dishonest behaviour to mislead ASB into giving higher mtg
• instructed soliticor even tho against burmiesters wishes

Question 9

UN REGISTERED OWNER CASES

Answer 9

• efstratiou
• satnam
• hallinan

Question 10

efstratiou

Answer 10

WAS FRUAD
- - the hosue was bought between e and wife, but was only registered under his name, broke up, E found wife living in house w another man, and he sold house for a lower price and in a matter of days reg compleeted
- E committed LTA fruad as he cheated wife out of exitsing right, lower price, quick reg, and had know of wife circumstances so wilfully blind

Question 11

satnam

Answer 11

NOT FRAUD
- - post shop occupied by s under an unreg lease, post shop owner sold to WFT else even tho there was a clause on agt with s that he would have the ROFR, and that tranfer should be set aside as WTF ahd committed LTA fruad
- it wasnt lta fraud as no knowledge of aS interest not was there a right to deprive

Question 12

hallinan

Answer 12

• h bought land that b was using under an equitable lease, H check with solictor who tells him that b interest is not on the title so go and buy, settlement passes and H reomves B belongings and demolosh shed
• no, not lta fruad as solictor advised there was no rights so couldnt intend to deprive if dindt know

Question 13

what is the exception to hallinan

Answer 13

even tho here the legal advice was the importnat factor, doenst mean someone who recieves legal advice even if it is incorrect can ignore his own knowwledge of facts which would make the advice suspect