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Paper cot would continue to circulate but would not

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Paper CoT would continue to circulate – but would not exist for parcels of land conveyed electronically. It must be requested electronically. You would be able to get a current print out of the current details. Indefeasibility Synonymous with the TSL. Registered proprietor has an indefeasible title. A person whose interest is registered (although subject to other registered interests) is at least in theory not defeated by other unregistered interests. Indefeasibility provisions: o S40 – sterility provisions (must have registration) o S41 – “conclusive evidence” provision – no folio of the register shall be impeached or defeasible due to any irregularity in the 22
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instrument or in any other proceedings prior to the creation of the folio. Every folio is conclusive evidence that the person named has the interest as named. o S42 – “paramountcy” or “indefeasibility” provision > (most important) o S42(1) – the registered proprietor of land shall except in the case of fraud hold such land subject to such encumbrances as are recorded on the relevant folio but free from all other encumbrances (couple of exceptions). o Common law principles dealing with validity of docs and priority rules are displaced by this section. o S4 – the registered proprietor is any person appearing on the register to be the proprietor of an estate or interest in land. (Usually we mean the fee simple owner). o This protection is conferred once you are registered. Mere lodgement of the document. o You are still subject to attacks if they can show that an exception arises (e.g. fraud, paramount interests, common law exceptions). o S43 – “notice” provision > explains indefeasibility a little more. Arguably these consequences can be deduced. S43 is a notice provision. A registered proprietor’s title is subject only to interests that appear on the register. o No person taking a transfer from the registered proprietor shall be required to inquire as to how the registered proprietor acquired it. o A potential purchaser is not affected by actual or constructive notice of any trust or interest. Unless the farud exception applies you are not required to look behind the interest of a registered proprietor. Provided you become registered you are not affected by any notice of a trust or unregistered interest. That alone will not be fraud. o S44 – “purchaser protection” – any folio or amendment procured or made by fraud shall be void against any person defrauded thereby and no party or privy to the fraud shall take no benefit. Whose fraud does this prevent? The registered proprietor or does it include fraud by some other person? o S44(2) – nothing in the Act If A loses title through B’s fraud. B sells to C. C is protected against a claim by A.
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