Wayne has not seen her since. One Saturday morning Wayne and Robert are talking over the backfence. Robert tells Wayne that he wants to sell the house and asks if Wayne would be interested inbuying it. Wayne says he is not but his daughter, Georgia might be. Georgia thinks it is a great ideato live next to her dad; she looks at the house with Wayne and Robert and immediately makes anoffer of $500,000 which Robert accepts. He says he wants a quick sale, and the next day producesthe Certificate of Title which shows himself and Sarah as joint tenants and a transfer to Georgia onwhich two signatures, Robert’s and Sarah’s appear. He asks Wayne to witness the signatures on thetransfer and Wayne does so despite the fact that he has not actually seen Sarah sign it. There is noother advertising of the property and, with some help from her father, Georgia settles the purchasethe following week, and moves in. When Sarah returns for the rest of her belongings, she is amazedto 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, afraudulent registered proprietor does not acquire an indefeasible title. In this case, an un registeredproprietor had been deceived out of her interest. From an examination of the facts in this scenario, itcan 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 theinstrument lodged for registration was a forgery. Under the ‘deferred’ indefeasibility approach, aperson becoming registered pursuant to a forged document would be defeasible and the formerproprietor would be entitled to bring an action to be restored to the register as proprietor. Under s44(1) Sarah can take action against Robert, “Any folio of the Register or amendment to the Registerprocured or made by fraud shall be void as against any person defrauded or sought to be defraudedthereby and no party or privy to the fraud shall take any benefit there from.” A fraudster cannotbenefit; 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
6.Leases and Residential TenanciesProblem 1) Xavier is looking for commercial premises from which to run his accounting practice. He sees anadvertisement in the window of a small office near his home and, after an inspection of the propertywith the owner Yolanda, decides that it would suit him perfectly. They orally agree on the terms ofthe lease and shake hands on the deal. It will initially be for two years with an option to renew for afurther two years after that. The rent is $750 per week and the lease is to commence in 2 months.