MISTAKE OF TITLE

Question 0

Is there relief under the PLA?

Answer 0

Yes, under s196.

Question 1

What is the general rule?

Answer 1

At common law, there is no remedy where a house is constructed on the wrong lot of land. If something is attached to the land, it becomes property of the owner of the realty
Brand v Chris Building

Question 2

What are the requirements to get relief for mistake of title?

Answer 2

1. It must be improvements made to land of another
2. THe improvement is made under a ‘genuine but mistaken belief” that the improver owned that land or was doing work for the owner

Question 3

What is the relevance of Ex Parte Karynette Pty Ltd?

Answer 3

It concerns the interpretation of “genuine”.

It must be an HONEST mistake, it does not necessarily have to be reasonable.

Question 4

Who can apply for relief?

Answer 4

This is covered under s197 PLA

The courts can accept application that they think is just and they will look for a ‘reasonable resolution’.

Question 5

What relief can the court’s give?

Answer 5

This is under s197 PLA

1. Transfer of that land on which improvement has been made
2. Order anyone to remove the land
3. Order person’s to pay compensation for the transfer of land
4. ORder person to give possession for such period and terms and conditions as court sees fit.