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Unformatted text preview: e registered proprietor or their agent was a party to fraud, the registered interest would be defeasible on the grounds of that fraud. Fraud committed by the person from whom the registered proprietor
obtained title would not make the registered proprietor’s title defeasible, unless the registered proprietor
or their agent was a party to the fraud or knew of it.
Not all interests are required to be registered. The registered proprietor will therefore hold title subject
to these interests regardless of the fact that they are not registered.
While the exact nature of the non-registrable interests varies from state to state, they include such
• the interests of adverse possessors of the land;
• the interests of tenants in possession of land (it is common for leases for terms of less than three
years to be non-registrable);
• rates and taxes that are a charge on the land; and
• rights reserved by the Crown grant. As previously stated, Robert Torrens introduced a bill implementing the scheme into the South
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This document was uploaded on 04/23/2012.
- Three '12