MLL325 Final: 8 Unregistered Interests – Caveats

• School: Deakin University
• Department: Business and Law
• Course: MLL325
• Professor: Samantha Hepburn

Document Summary

8 unregistered interests caveats: unregistered interests are interests in land which have not been registered in accordance with the provisions of the torrens system. An unregistered interest is any interest, legal or equitable, which is not registered, whether by choice, mistake or necessity. The torrens system does not make registration compulsory. Section 40(1) transfer of land act (vic) seems to imply that unregistered interests are not part of the torrens system. View was held that rights of purchasers prior to registration was personal in nature and not proprietary. In barry v heider it was, however, decided that: The torrens system does not touch the form of contracts. Obligation to comply with contract will depend on law of contract and equity. Parties may have right to have instrument executed and registered. The provision denying effect of instrument until registration does not touch what is behind instrument. According to equity such right is an estate or interest in land.