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Unformatted text preview: folio in the register. The title will still be subject to those interests. In other words,
qualified title is in effect a combination of Torrens and the old system of title: Torrens in respect to
interests recorded at the time of creation and any interests created thereafter, and old system in respect
to interests created prior to the creation of the folio and not recorded on the folio.
A caution to this effect is recorded on the title to ward off subsisting interests under the general law (old
system). This caution will lapse on the occurrence of certain events. In New South Wales, it will lapse after
six years or upon a person becoming registered proprietor for value and without fraud, whichever is the later.
A qualified title may be granted:
• where the applicant under a primary application withdraws the application and requests the issue
of a qualified title. Primary applications can be quicker, but they are also more expensive;
• upon registration of a plan of subdivision of non-Torrens Title land;
• if a deed that adequately defines the boundaries of the land is lodged for registrati...
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This document was uploaded on 04/23/2012.
- Three '12