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2021 - land > week six > Flashcards

week six Flashcards

1
Q

what do sections 58-72 of the LTA2017 cover

A

compensation

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2
Q

what do sections 58-72 of the LTA2017 cover

A

compensation

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3
Q

what is s58 of the LTA2017

A

compensation for loss or damage resulting from Registrar’s error or from system failure

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4
Q

what is s59 of the LTA2017

A

compensation for loss of estate or interest in land

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5
Q

what is s64 of the LTA2017

A

maximum amount of compensation for deprivation of estate or interest in land

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6
Q

what is s65 of the LTA2017

A

valuation of estate or interest in land and matters relating to onus of proof

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7
Q

what is s66 of the LTA2017

A

improvements made to land

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8
Q

what is s67 of the LTA2017

A

benefit obtained by claimant to be taken into account

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9
Q

what is s68 of the LTA2017

A

court’s discretion to adjust compensation

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10
Q

what is s69 of the LTA2017

A

contribution by claimant to loss

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11
Q

if you were to acquire the estate as a gift, would you still have the same rights to compensation

A

yes

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12
Q

what does the term ‘deprived of an estate or interest in land’ mean

A

you have lost it, it has been taken away from you

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13
Q

what does the term ‘is barred from bringing an action for possession’ mean

A

a mortgage that stops them from bringing an action

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14
Q

where is manifest injustice built into the compensation provisions

A

in s59 - compensation for loss of estate or interest in land

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15
Q

what is the maximum value of compensation

A

the same as the value of the land - e.g. the Burmeister’s could only get what the property is worth, not the whole amount of the mortgage

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16
Q

what date is the market value counted from, which decides the cap of compensation

A

the reasonable discovery date - when you found out

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17
Q

do improvements made to the land after the discovery date count towards the value of the land for a compensation cap

A

no

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18
Q

can a person who suffered loss due to a wrongful act or omission of the Registrar of land, or a failure in the online system, get compensation? If yes, under which provision of the LTA 2017, if no, why not?

A

Yes, under s58 (1)

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19
Q

when may a person bring a proceeding in the court against the Crown for compensation under s59 LTA 2017

A

if they are deprived of an estate or interest in land and if they are barred from bringing an action for possession or other action for recovery of the estate or interest

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20
Q

what is s58 of the LTA2017

A

compensation for loss or damage resulting from Registrar’s error or from system failure

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21
Q

what is s59 of the LTA2017

A

compensation for loss of estate or interest in land

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22
Q

what is s64 of the LTA2017

A

maximum amount of compensation for deprivation of estate or interest in land

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23
Q

what is s65 of the LTA2017

A

valuation of estate or interest in land and matters relating to onus of proof

24
Q

what is s66 of the LTA2017

A

improvements made to land

25
Q

what is s67 of the LTA2017

A

benefit obtained by claimant to be taken into account

26
Q

what is s68 of the LTA2017

A

court’s discretion to adjust compensation

27
Q

what is s69 of the LTA2017

A

contribution by claimant to loss

28
Q

if you were to acquire the estate as a gift, would you still have the same rights to compensation

A

yes

29
Q

what does the term ‘deprived of an estate or interest in land’ mean

A

you have lost it, it has been taken away from you

30
Q

what does the term ‘is barred from bringing an action for possession’ mean

A

a mortgage that stops them from bringing an action

31
Q

where is manifest injustice built into the compensation provisions

A

in s59 - compensation for loss of estate or interest in land

32
Q

what is the maximum value of compensation

A

the same as the value of the land - e.g. the Burmeister’s could only get what the property is worth, not the whole amount of the mortgage

33
Q

what date is the market value counted from, which decides the cap of compensation

A

the reasonable discovery date - when you found out (or ought reasonably to have found out) that the loss had occurred

34
Q

do improvements made to the land after the discovery date count towards the value of the land for a compensation cap

A

no

35
Q

can a person who suffered loss due to a wrongful act or omission of the Registrar of land, or a failure in the online system, get compensation? If yes, under which provision of the LTA 2017, if no, why not?

A

Yes, under s58 (1)

36
Q

when may a person bring a proceeding in the court against the Crown for compensation under s59 LTA 2017

A

if they are deprived of an estate or interest in land and if they are barred from bringing an action for possession or other action for recovery of the estate or interest

37
Q

under LTA2017 s67, the value of any benefit obtained by the claimant must be taken into account in considering what?

A

in determining the amount of compensation

38
Q

when does the court have discretion to adjust compensation under LTA2017 s68

A

if the court considered the amount of compensation determined in accordance with sections 64 to 67 would be inadequate or excessive, the court may use the market value as at a different date to that set in section 65(1)

39
Q

no compensation is payable under LTA2017 s69 for any los or damaged suffered by a claimant who?

A

has suffered said damage as a result of the claimant’s own fraud or as a result of the claimant’s own lack of proper care

40
Q

what may be considered ‘lack of proper care’ under s69

A

signing an instrument or authorising the registration of an instrument without seeking independent legal advice or taking other reasonable prudent steps to ascertain the effect of the instrument

41
Q

under s69 LTA2017, compensation can be reduced for?

A

carelessness and the claimant’s share in the responsibility for the loss or damage.

42
Q

S70 relates to?

A

interest on the amount of compensation ordered by the court - could be 5% or the rate can be adjusted to a prescribed rate (e.g. Burmeisters weren’t saddled with 5% pa rate)

43
Q

what is s72 of the LTA2017

A

Certain compensation recoverable from the crown as a debt - the Crown can pay off whoever but then can go chase the fraudster and they owe a debt to the crown

44
Q

what is the last thing to address when answering a question?

A

alteration of the title - consider if the title needs altered and whether the court needs to make an order regarding the title

45
Q

under s16 LTA 2017, the court may direct the registrar to

A
  • cancel the record of title for estate or interest or cancel entry on record of title
  • create a new record of title for estate or interest
  • alter the record of title for estate or interest as directed by the court
46
Q

what kinds of decisions can the Registrar make

A

only decisions in 21(1): correct his/her error, correcting error made by the person preparing or submitting document for registration, recording boundary change, giving effect to a court order

47
Q

what does s21(2) say about the Registrar changing the title

A

Registrar must not alter register if it would materially affect the registered estate or interest of any person unless consent or no objection - everyone has to agree the registrar can make the change or correction

48
Q

s59 LTA 2017 says you must be what in order to bring a proceeding in the court against the crown for compensation?

A

deprived of land in that they had lost all equity in it and you must be barred from bringing an action for possession/recovery

49
Q

what does your equity in the land mean

A

what the land owes to you - often your equity (deposit usually) is smaller than the banks

50
Q

why weren’t the burmeisters saddled with the rate of 5% per annum

A

because under s70 the rate can be adjusted to a prescribed rate

51
Q

the court has discretion to adjust compensation ___ or ____

A

up or down

52
Q

what did the Burmeisters owe the ASB bank and what was the value of Lotus Avenue in November 2013 (just before the compensation case started)

A

owed $640,722.91 but the value of the house was only $420,000

53
Q

what was the main object of the introduction of the Torrens system through the Land Transfer Act 1870

A

to ensure a person dealing with land subject to the system would not be adversely affected by any weakness in the title of the registered proprietor that was transferring the land - getting rid of the difficulty and expense of investigating the chain of title in the English deeds system

54
Q

what case lays out what is achieved by the Torrens system: bona fide purchaser gets an indefeasible right, notwithstanding the infirmity of his author’s title

A

Gibbs v Messger

55
Q

in the Burmeister compensation case, the judge considered fraud a method of?

A

deprivation

56
Q

could the burmeisters get compensation?

A

yes, they were deprived and barred

2021 - land (21 decks)

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