O ruoffs 3 principles mirror principle the idea that

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o Ruoff’s 3 principles: Mirror principle – The idea that the register accurately mirrors the state of affairs that exist in relation to a piece of land. Curtain principle – The idea that you should not need to go behind the register to investigate/look for frailties in title other than those that are apparent on the register itself. (nemo dat is abolished). 23
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Indemnity principle – The idea that the TSL aims to guarantee that the picture presented by the register is true and complete. Compensation is paid out to any person who suffers loss because of conversion from GLL to TSL or because of mistakes of the registrar. You will also be compensated if the register does not disclose all facts relevant to title. Timing of indefeasibility… o 2 possible answers: Immediate indefeasibility Deferred indefeasibility o A forges signature in a transfer form and B becomes the new register proprietor. The solicitor has committed a number of civil wrongs/ crimes. Does A or B have title? Is B privy to the fraud? If that is the case s42 will not give him an indefeasible title. Because the document is not effective under general law then nemo dat applies and A has valid title. Under TSL, under the doctrine of immediate indefeasibility B is the registered proprietor. o Under the doctrine of deferred indefeasibility, B’s indefeasibility is deferred until such time as B sells to someone else. Court’s were reluctant to accept that someone simply got title by registration. If that instrument that allowed for registration is void surely title should not be able to be passed. o Read down the notice provision (S43) so that protection only attaches to those people who deal directly with the registered proprietor. o Chasfield v Taranto – interpreted s44(1) as meaning fraud by anyone in connection with that person becoming the registered proprietor. B was allowed to pass on a good title to C but was not allow to get a good title for himself because it was tainted by fraud. o A is the RP. A’s solicitor induces B to lend money to A in return for a registered mortgage over the property. In fact A knows nothing about this. The solicitor has forged A’s signature on the mortgage. Can A insist that this mortgage be removed from the register? Can B insist that the mortgage stay? o According to immediate indefeasibility – the registered mortgage stands. o If it is deferred indefeasibility A can succeed in having the mortgage removed from the register because someone was fraudulent even if the mortgagee knew nothing about it. o Immediate indefeasibility elevates the aim of security of transactions because purchasers are protected from invalidity. But it puts owners at risk. Case Law Gibbs v Messer (don’t read) 24
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Clements v Ellis - preferred the deferred indefeasibility approach.
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