Week 5 Flashcards
what is a land title
An official record of who owns a piece of land.
Can include information about mortgages, covenants, caveats, easements
who is responsible for victoria’s land titles
The Registrar of Titles is responsible for managing land titles in Victoria
State Government guarantees every title at Land Victoria
It is where interests in land can be legally recorded on a land title. Commonly recorded dealings: Property ownership changes Property transactions Mortgages and discharges of mortgages Replacing lost or destroyed titles Changing property boundaries Subdividing or consolidating titles Caveats, covenants and easements, and Adverse possession
what does the and titles office do
It is where interests in land can be legally recorded on a land title.
Commonly recorded dealings:
Property ownership changes Property transactions Mortgages and discharges of mortgages Replacing lost or destroyed titles Changing property boundaries Subdividing or consolidating titles Caveats, covenants and easements, and Adverse possession
what is the process for registering land transactions
• Formal applications are lodged at the Land Titles Office.
• Applications must accord with the provisions of the relevant legislation.
• Examples:
– A transfer of land from one party to another is made under Section 45 of the Transfer of Land Act 1958
– A plan of subdivision is made under Section 22 of the Subdivision Act 1988
• The lodging book indicates what documents must be provided for each dealing.
explain adverse possesion
Adverse Possession
The Applicant must have acquired at least 15 years of exclusive possession and currently be in possession of the land
May only deal with TLA Land
Will create a new folio for the acquired land free from, or subject to, existing encumbrances
explain evidence of adverse possesion
Evidence
Statutory Declaration from applicant
Statutory declaration from a disinterested witness
Statutory declaration from solicitor if possession is less than 30 years
Deed/s of assignment if applicant’s possession is less than 15 years
Other evidence – Council Rates, evidence of non-use of encumbrances, photographs, wills and probate, Road Management Act status from council
explain the torrens system
named after robert torrens is a land ownership system that relies on the registration of interested and dealings in the land on a central register
contrasting to general system where land is transferred by deed
torrens system = “transfer of land act 1958” vic
The structure of torrens system us based upon the central concepts of
register - records by folio or lot reference each piece go land within the jusisristicion and the interests held in that land
administrator of the register
documentary title - once the folio or lot has been created for the piece of land a document confirming title generally referred to as duplicate certification of title can be delivered to the registration owner
registration - occurs when the particulars of the dealings of an interest in land are recorded on the register
infeasibility
meaning the registered owners is free to deal with the land and the registered owner holds a legal interest that is indefeasible
any other dealing e.g. lease must be registered on the register
if an interest is not registered
it is an equitable interest - can exist and be enforced under the torrens system
explain indefeasibility
protection granted to an interest holder upon registration acting as an immunity from attack of a competing claim in interest in land
acts immediately from registration not deffered
what is a priority dispute
term used to describe the situation where there are competing interests in a parcel of land
what is a cavet
a notice on the title than an interest in the lot exists
requires a covetable interest to sustain registration (personal interest not sufficient)
requires action to be taken to ensure the caveat does not elapse
