Examples of such situations include a marriage

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ownership, mortgage or lease, as well as rights of way and easements, can all be registered. RISK MANAGEMENT ALERT An unregistered interest cannot defeat a registered interest. CHAPTER 33 33.3 865 ✘ BUSINESS ORGANISATIONS AND THE LAW PART 6 866 There are many other situations where interests might arise but there is no specific provision for their registration. Examples of such situations include a marriage breakdown where one of the parties might want to protect their interest in the land in a property settlement, or where the land is mortgaged and the registered proprietor obtains another loan from a finance company; in this case, the finance company might require the borrower to give them an interest in the land as a form of security. However, even though a purchaser has inspected the register and found no competing interest, that purchaser will still be subject to a competing interest if it is registered between the time the purchaser inspected the register and the time of lodgement of the notice of transfer. Black v Garnock [2007] HCA 31 The...
View Full Document

This document was uploaded on 04/23/2012.

Ask a homework question - tutors are online