MLL325 Study Guide - Final Guide: Determinative, Connel, Westpac
19 Oct 2018
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Legislation in all jurisdictions determine where two interests are lodged they are registered in order of lodgement, and their priority will be determined by date of registration (s 34(1) tla (vic)) Title of registered proprietor is subject to all registered rights. In a dispute between a registered interest and an unregistered interest, the principles of indefeasibility of title find application: unregistered interest is extinguished by registration of other interest. If an unregistered interest is a paramount interest it is also not extinguished by registration. The same applies to priorities between an unregistered interest and subsequent registered interest. Priorities between unregistered interests: where several inconsistent unregistered interests affect land, unregistered interests do not attract the indefeasibility provisions of the torrens system. Common law priority rules will regulate priority disputes between unregistered interests: (a) time of creation of interest; (b) Conduct of parties (merit analyses); (c) hierarchy of interest. Torrens legislation does not provide for resolution of disputes between unregistered interests.
