A dedicated means of giving notice of the existence of unregistered interests under Torrens
(2006) A dedicated means of giving notice of the existence of unregistered interests under Torrens. Australian Property Law Journal 12(3):pp. 244-261.
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Abstract
This is a recommendation that the Torrens system be modified to provide for the better protection of unregistered interests. The present use of caveats as a means of protecting unregistered interests is problematic. The weaknesses of the caveat system are that it is not specifically designed for this purpose, it is not used frequently enough which means that the register often does not reflect the true state of title, it unnecessarily freezes the register temporarily preventing registration of dealings, and it is unduly costly. What is needed is a more appropriate, inexpensive and widely-recognised instrument dedicated to the purpose of allowing holders of unregistered interests to give notice to the world of the existence and nature of those interests. The effect that introducing ‘a notice of an interest affecting title’ might have had on the existing case law had it been available earlier and the benefits it might bring in the future will be considered.
| Item Type: | Journal Article |
|---|---|
| Status: | Published |
| Keywords: | real property; torrens; land registration; caveats; law reform; unregistered interests |
| Subjects: | 390000 Law, Justice and Law Enforcement > 390100 Law |
| ID Code: | 3748 |
| Deposited By: | McEniery, Ben |
| Deposited On: | 23 March 2006 |
| Alternative Locations: | http://www.lexisnexis.com.au/aus/products/catalog/current_htm/APLJ.asp?productid=APLJ&jurisdiction=0&category=0&medium=2/ |
| Copyright Owner: | Copyrighr 2006 LexisNexis |
| Copyright Statement: | Reproduced in accordance with the copyright policy of the publisher. |