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WK3 Land registration pt II - Coggle Diagram

- - - - Registrar's power to correct the register {LTA} ss 15, 186
      - Overriding statutes - eg. drainage charges
      - Express exceptions as part of Torrens Land Title Act 1994 (Qld), ss 184(3), ss 195(1), 185(1A)
        
        Land Title Act 1994 (Qld)
      - In personam exceptions
  - - - s 184(3)(b) fraud exception
        
        if there has been a fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest
        
        Torrens title fraud (statutory fraud)
        
        Actual fraud by the registered proprietor (RP), usually personal dishonesty
        
        RP can be caught y acts of agent
        
        Bahr v Nicolay (No 2) 1988 164 CLR 604 at 614 Mason CJ & Dawson J
        
        Includes wilful blindness and reckless indifference (carellessness is not enough)
        
        Also Grgic v ANZ Banking Group (1994( NSWKR 202
        
        Bank was careless but did not amount to wilful blindness
        
        It is a high bar to prove fraud on an evidentiary basis. There must be actual intention at the time of registration
        
        Causal link must be established between fraudulent act of RP and the loss claimed by the aggrieved party
        
        Does not include constructive/equitable fraud
        
        Examples
        
        Fraud against previous RP - usually forgery of an RP's signature on the instrument of transfer
        
        Current RP cases - involves forgery of signature on a mortgage - Grgic
        
        Reading materials
        
        Fraudulent misrepresentation/other misleading conduct
      - s 185(1) - a long list of exceptions
        
        equitable interests
        
        short leases (b)
        
        easements if not registered (c)
        
        adverse possession (d)
        
        In personam exception
        
        Wider than other exceptions
        
        Found s 185(1)(a)
        
        Bahr v Nicolay (No 2) 1988 164 CLR 604
        
        An interest personally created by the RP
        
        Goes beyond mere notice, RP must have promised something /done something more to establish the interest and attract the protection
      - s 184(3)(a) - refers to exceptions in s 185
      - s 185(1A) - Careless mortgagee
        
        only applies to registered mortgages
  - - - Interest in fee simple (most common)
      - Life interest (less common)
      - Easement etc
      - Lease
      - Mortgage
    - - Does In Personam exception apply (s 185 (1)(a)?
        
        depends on type of interest aggrieved is claiming
      - Often fraud and inpersonam are pleaded together in these cases. CASE EXAMPLES