MLL325 Study Guide - Final Guide: Deeds Registration, Land Registration, Constructive Notice
18 Oct 2018
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Four stages of development: (a) general law without a registration system (b) deeds registration system (c) torrens system: title by registration (d) computerisation (a) general law without a registration system problems: Title was not secure and bound by previous interest, because: deeds could have been missing, deeds may have been forged and therefore null and void, nemo dat defects. Bound by equitable interest on the basis of constructive notice. Equitable interests are defeated by bona fide purchaser for value of an estate: volunteer"s title is always subject to prior equitable interests (b) deeds registration system. Drs introduced by legislation in all australian states. Drs established a centralised register with the aim of recording instruments or dealings over land. Objective was to simplify the process of searching a particular title. Aim is to reduce the risk that a person acquire an interest in land without knowledge of an earlier inconsistent interest: two important principles were introduced:
