MLL325 Study Guide - Final Guide: In Personam, The Thompsons, Macquarie Group
19 Oct 2018
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Rights in personam: despite the principle of indefeasibility of title, a registered proprietor of land may be bound by rights which arise out of his/her conduct: Vendor or trustee (as registered proprietor) is bound by contractual rights or trust obligations. A registered proprietor cannot rely on the fact of registration (resulting in indefeasibility of title) to defeat a claim arising out of the contract. The in personam exception means that a registered proprietor is subject to contracts he/she has entered into and also to trusts, whether express or implied, over the property. Registration does not affect or change personal legal or equitable obligations the proprietor may be subject to. In personam claim is a judicially-created exception to indefeasibility of title. In personam exception is a qualification rather than an express statutory exception to the paramountcy of registration: generally a distinction is made between:
