An unregistered equitable estate and the incidence of

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an unregistered equitable estate and the incidence of that interest are determined by what could have been enforced by specific performance. Downie v Lockwood Held: Tenant must be in physical occupation with an intention to possess. S42(2)(f) Unpaid land tax rates and other charges are payable where they are discoverable by the certificate issued by council (S387) or a S158 certificate under the Water Authority. These certificates include all rates and fees. Water authority will inform you of all charges. Registrar’s Power to Correct Errors 103 TLA, 106(e) TLA The registrar must be able to correct the register where there are mistakes by applicants or typos. When they do these corrections they may not erase the original entry. Anyone who depended on the original entry were not crushed by the original entry. 103(1) – Registrar has a duty to amend the register as ordered by a court. 103(2) – Gives the registrar discretion to correct the register. Treated as a slip rule only. They will not correct anything that is contentious. Only correct minor details that are not contentious. Cannot correct an entry procured by fraud. 106(e) – Registrar has power to cancer folios and titles and to create new ones. Inconsistent Legislation Exception S42 TLA (indefeasibility) can be overridden by later legislation but only if the 2 statutes are indeed inconsistent. 1. Do they deal with the same subject matter? Not a matter of specific reference. 2. There is a tendency for courts to read down statutes so that they do not conflict with the TLA. 3. There are two different types of legislation: 34
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New legislation destroys or creates interests without registration. It will be treated as overriding s42. Legislation that simply invalidates an instrument: these provisions will be considered insufficient to override s42. Brekvar v Wall Facts: B were the couple who created a mortgage by way of deposit of title deeds. Left the CoT with the mortgagee. They actually signed a transfer document leaving the name of the transferee blank. Grandson became the new RP. Wall sold to Alban. Which at the time of the litigation had not yet become registered. Issue: Stamp Act made void anything completed after it. Barwick CJ: The affect of the Stamp Act on the transfer’s validity was irrelevant. That is registration made void was still effective to acquire indefeasibility. Collabro Facts: 1916 there was a CoT and stated that it was a road. In 1930 there was a registered plan of subdivision also showing it as a road. All the later CoT did not show it as a road. Eye witness that it had always been used as a road. Therefore this strip fell within the definition of a public highway at common law. Local government Act – public highway vests in fee simple in the council.
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