Possessory Interests In Australia

In this essay, the author

• Opines that the introduction of a system of registration of title removes the need for the law to recognise possessory or equitable interests in land.
• Explains the need for the law to recognise possessory and equitable interests in land under a system of registration of title in australia.
• Explains that in australia, there are two systems for registration of interests in land: the general law and torrens systems.

• Opines that the introduction of a system of registration of title removes the need for the law to recognise possessory or equitable interests in land.
• Explains the need for the law to recognise possessory and equitable interests in land under a system of registration of title in australia.
• Explains that in australia, there are two systems for registration of interests in land: the general law and torrens systems.
• Explains that australia inherited the system of land law that existed in england. priority is decided according to the date of registration, and there is no stipulation regarding the bona fides or valuable consideration given by the registered proprietor.
• Explains that australia adopted the premise that possession was a strong indicator of an underlying title in the early colonial period.
• Explains that equitable interests can be registered, as long as they are created in writing, and that registration does nothing to the status of legal or equitable, it gives priority by impacting the rules of priority.
• Explains that the torrens system of title registration was created to overcome defects and problems encountered with the general law system.
• Opines that a clearer, more concise system of title by registration was needed in western australia.
• Opines that absolute certainty was needed as to who the legal interest holder is, as missing deeds from a chain will undermine property interests.
• Argues that even if an interest is created but not registered, it is still legal. equitable interests can be registered in so far as they are created in writing.
• Argues that the introduction of title by registration in australia has challenged the retention and usefulness of the doctrine of adverse possession.
• Explains that caveats can be used to temporarily protect equitable estates and interests in torrens title land.
• Opines that the law needs to recognise equitable interests as caveats are not as equitable under the torrens system as they are under old system of registration.
• Argues that the australian approach to adverse possession is fractured, incomplete, and contradictory.
• Explains mccrimmon, les a, ‘protection of equitable interests under the torrens system: polishing the mirror of title’ monash university law review vol 20, no 2, 1994.
• Cites stubbs, p., ‘equitable priorities and the failure to caveat’, 6 auckland university law review, 1989.
• Cites tooher, joycey, ‘jubilant jamie and the elephant egg: acquisition of title by finding’, 6 australian property law journal, 1998.
• Explains that title by registration is the method of obtaining ownership rights to land by means of registration.