Wayne has not seen her since One Saturday morning Wayne and Robert are talking

Wayne has not seen her since one saturday morning

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Wayne has not seen her since. One Saturday morning Wayne and Robert are talking over the back fence. Robert tells Wayne that he wants to sell the house and asks if Wayne would be interested in buying it. Wayne says he is not but his daughter, Georgia might be. Georgia thinks it is a great idea to live next to her dad; she looks at the house with Wayne and Robert and immediately makes an offer of $500,000 which Robert accepts. He says he wants a quick sale, and the next day produces the Certificate of Title which shows himself and Sarah as joint tenants and a transfer to Georgia on which two signatures, Robert’s and Sarah’s appear. He asks Wayne to witness the signatures on the transfer and Wayne does so despite the fact that he has not actually seen Sarah sign it. There is no other advertising of the property and, with some help from her father, Georgia settles the purchase the following week, and moves in. When Sarah returns for the rest of her belongings, she is amazed to find Robert gone and Georgia living in the house. Advise Sarah of her options. Answer: Under the Torrens system of land registration, it is irrefutable that, pursuant to the fraud exception, a fraudulent registered proprietor does not acquire an indefeasible title. In this case, an un registered proprietor had been deceived out of her interest. From an examination of the facts in this scenario, it can be inferred that Sarah’s signature was forged as she was unaware of the sale of her property. The non-fraudulent registered proprietor will obtain an indefeasible title despite the fact the instrument lodged for registration was a forgery. Under the ‘deferred’ indefeasibility approach, a person becoming registered pursuant to a forged document would be defeasible and the former proprietor would be entitled to bring an action to be restored to the register as proprietor. Under s 44(1) Sarah can take action against Robert, “Any folio of the Register or amendment to the Register procured or made by fraud shall be void as against any person defrauded or sought to be defrauded thereby and no party or privy to the fraud shall take any benefit there from.” A fraudster cannot benefit; therefore Georgia is protected as she is a bona fide party. 4. Torrens Title II: Unregistered interests and priorities 5. Co-ownership and Strata Title
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6. Leases and Residential Tenancies Problem 1) Xavier is looking for commercial premises from which to run his accounting practice. He sees an advertisement in the window of a small office near his home and, after an inspection of the property with the owner Yolanda, decides that it would suit him perfectly. They orally agree on the terms of the lease and shake hands on the deal. It will initially be for two years with an option to renew for a further two years after that. The rent is $750 per week and the lease is to commence in 2 months.
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  • Test, Deed, Real property law, Torrens Title

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