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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  HCA 31
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This document was uploaded on 04/23/2012.
- Three '12