4013LAW Lecture Notes - Lecture 15: Berowra Waters, New South Wales, Port Klang, Specific Performance
24 Jul 2018
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Exceptions to indefeasibility: real property act 1886 (sa), s 69 lists the exceptions to indefeasibility. Court interpretation of legislation: rpa, s 69 states: Establishes to the extent the courts will determine notification. The parties were owners of adjourning properties. Be"s land had the following clause: right of way created by and more fully set out in. Be argued that they should not be bound by this interest, as it was not adequately set out in the register. The court ruled in favour of bb, stating that a prudent conveyancer would check out the other document to ascertain what the easement actually was. Thus, reasonable notice was given in this situation. Fraud: under the rpa, s 69 the major exception to indefeasibility is fraud. Thus, fraud is generally found not to have occurred: loke yew v port swettenham rubber co ltd. Eusope owned land that psr wanted to buy to build a factory.
