It can be seen that loss of or any errors in a

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Unformatted text preview: uld do so by another deed, indicating the rights that were being transferred. They would then hand over to the purchaser or mortgagee the new deed, setting out the details of the transfer together with the earlier deeds. As a result, the deeds would collectively create a chain of title that could be traced back from the current owner to the original Crown Grant. It can be seen that loss of, or any errors in, a document may affect the title. The loss of a document breaks the chain and casts doubts on the authenticity of any documents that come after it. Likewise, if the land wasn’t described correctly in a document, that fact would adversely affect subsequent holders. As a result of problems such as these, the government gives no guarantee as to a person’s title to common law title land. A purchaser must be very thorough with their inquiries. RISK MANAGEMENT ALERT The weakness in the common law system is the chain of title that needs to be established. As time went on, it became difficult to always be able to produce all the relevant deeds back to the Crown grant. Legislation...
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