MLL325 Final: land four

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

Document Summary

Indefeasible title means that at the time of registration, the registered proprietor of an interest in land receives unassailable rights to the land in respect of which they are registered. Exceptions to indefeasibility are recognised in most states by statute or under other circumstances. Legislation in all torrens states defines circumstances where the indefeasibility of a registered proprietor must be set aside. If a statutory exception is established, the title of the registered proprietor will automatically be defeasible. The following examples of statutory exceptions to indefeasibility are recognised in victoria: A registered proprietor who obtains registration through fraud does not gain the benefits of indefeasibility. Fraud (in general: making a material misrepresentation or failing to disclose a material fact in order to induce another to give up something of value. In terms of s 42(1) of the tla a registered proprietor acquires indefeasibility of title except in the case of fraud (by the registered proprietor)