LLB220 Lecture Notes - Lecture 7: Defeasible Reasoning, Adverse Possession, Life Estate
Document Summary
A system of ownership through recording conveyance form one party to the next. If someone else is found to have proprietary interest no go. Now under real property act 1900 (nsw) Not a system of registration of title but title by registration. It is indefeasible once you have the title you own it completely. Exception fraud s 42(1) of the rpa act the exception is if someone has obtained title through fraud then they may lose the title to that property. Indefeasible definition: a right or title in property that cannot be made void, defeated or canceled by any past event, error or omission in the title. Lodge a caveat when looking at purchasing specific property. Obtaining ownership through possessing the property that has been abandoned or dis- used. You cannot have adverse possession if you have permission/license to be on the property. S 27(2) limitation act 1969 12 years for property and 30 years for government property.
