Please enable JavaScript.

Coggle requires JavaScript to display documents.

Old System Priorities - Coggle Diagram

- - - - Timing - acquire property with no notice prior to settlement = no notice
      - CA s164 - Notice can be actual, imputed or constructive - within purchaser own knowledge
        
        Imputed Notice - arising based on purchaser being expected to know relevant facts learned by his or her agent - CA s164(1)(b) - requires agent to inspect land and documents
        
        Constructive Notice
        
        Barnhart v Greenshields - purchaser has duty to inspect land and is presumed to have constructive notice based on what would be reasonably known
        
        Smith v Jones - Notice is limited to what a purchaser could identify from making reasonable inquires of the instrument
        
        Hunt v Luck - mortgagor with later legal interest under no obligation to trace rental payments (regard to constructive notice of fraud)
        
        Platzer v Commonwealth - Found bank should have reasonably known of trust as they knew the couple lived together and were constructing a house on the disputed property.
        
        CA s164(1)(a) - purchaser is fixed with notice whether the title is inspected or not
        
        CA s53(1) - past 30 years of title must be inspected
        
        CA s53(3) - protects purchaser who has reasonably inspected property from claim of having constructive notice of an equitable interest
        
        Walsh v Lonsdale - rule for equitable leases
      - Williamson v Bors - vague rumour does not count as notice