Tenancy in Common
A tenancy in common requires only unity of possession.
There is no right of survivorship. On the death of a tenant in common, his/her share
passes to beneficiaries by will.
The size of each tenants share is fixed from the time of cre
Application to Torrens Land
s 100 (1) of the Real Property Act 1900 (NSW) provides that if people are registered as joint proprietors,
they have the same rights as joint tenants in common law.
This sparked off a debate of whether this section was put
Co-Ownership - Introduction and Creation
Co-ownership is when two or more people have rights in when the same property in the same time. The
different forms of co-ownership and their relevant principles are as follows:
Joint tenancy - both of the parti
Other Exceptions and Overriding Statutes
There are a number of other exceptions to the principle of indefeasibility. The extent of the application of
these exceptions (ie, how broad they are) varies between states, with Victoria usually offer
Indefeasibility of the Terms in a Registered Instrument
A question arose whether all terms in a registered document (eg, a covenant) would become indefeasible
This was discussed in Mercantile Credits v Shell Co of Australia
In basic terms
Allowances for Improvements
Sometimes, the co-owner who is in possession of a property has made several improvements to the land
(with the co-owner not in possession not contributing to the costs of the improvements). There is a general
The Torrens statute (Real Property Act 1900) is, after all, just a normal statute. This means that if a later
statute is inconsistent with it, the later act prevails to the extent of the inconsistency.
This means that a registered
The Principle of Indefeasibility
Indefeasibility of title means the register is the definitive record of all land interests, and thus, the
registered proprietor is immune to claims contrary to the reigster.
The idea of Torrens Title wa
The In Personam Exception
The concept of indefeasibility means that a registered proprietor is protected from property claims,
because all other property interests are extinguished. However, registration does not affect rights against
Requirements and Other Law
A caveat can technically be lodged by any person claiming an estate or interest in land
under an unregistered instrument. However, there are a few general restricting rules
A caveat will only survive th
The Fraud Exception
A person who has relied on fraud in order to register himself as a proprietor will not enjoy
The laws of indefeasibility do not apply in an instance where the registered proprietor has relied
on fraud. The