Yes. If the fraud is committed by the registered interest holder, then the title is not indefeasible..
Torrens Title "there exist exceptions or circumstances that can penetrate the indefeasibility. Common factors that, when evidenced by a party, may penetrate and defeat the registered holder's claim include: Fraud committed by the registered interest holder"
However as we saw in the Perth and Canberra cases, the new buyers purchased in good faith (no fraud by the registered interest holder) and the government spokesman and solicitors involved confirmed that the new buyer has indefeasible title...
New owners didn't know they bought a house sold by scammer "A government spokesman said ACT police would contact "the parties involved as part of their ongoing investigation". He said registered real estate purchases made in good faith were protected by the ACT Land Titles Act. Archie Tsirimokos, managing partner of Canberra-based commercial law firm Meyer Vandenberg Lawyers, said it was unlikely the property owner who was defrauded would be able to get the house back. "The presumably innocent buyer of the home is now the registered proprietor and is entitled to keep the home." Mr Tsirimokos said Australia had a system of land title whereby a register is maintained by the government and guaranteed "indefeasible title to those included in the register"
Yes. If the fraud is committed by the registered interest holder, then the title is not indefeasible..
Torrens Title "there exist exceptions or circumstances that can penetrate the indefeasibility. Common factors that, when evidenced by a party, may penetrate and defeat the registered holder's claim include: Fraud committed by the registered interest holder"
However as we saw in the Perth and Canberra cases, the new buyers purchased in good faith (no fraud by the registered interest holder) and the government spokesman and solicitors involved confirmed that the new buyer has indefeasible title...
New owners didn't know they bought a house sold by scammer "A government spokesman said ACT police would contact "the parties involved as part of their ongoing investigation". He said registered real estate purchases made in good faith were protected by the ACT Land Titles Act. Archie Tsirimokos, managing partner of Canberra-based commercial law firm Meyer Vandenberg Lawyers, said it was unlikely the property owner who was defrauded would be able to get the house back. "The presumably innocent buyer of the home is now the registered proprietor and is entitled to keep the home." Mr Tsirimokos said Australia had a system of land title whereby a register is maintained by the government and guaranteed "indefeasible title to those included in the register"
Stop rolling over like a puppy Shadow- a wiki article doesn't trump the legislation.
"REAL PROPERTY ACT 1900 - SECT 118 Registered proprietor protected except in certain cases 118 Registered proprietor protected except in certain cases (1) Proceedings for the possession or recovery of land do not lie against the registered proprietor of the land, except as follows: (d) proceedings brought by a person deprived of land by fraud against: (i) a person who has been registered as proprietor of the land through fraud."
The legislation doesn't require the fraud to be committed by the purchaser.
WHAT WOULD EDDIE DO? MAAAATE! Share a cot with Milton?
A couple of useless property investors roll over and can't protect themselves even when the legislation, procedures and policies are on their side?
You shouldn't be basing your understanding on things by watching gutless people who can't stand up for themselves.
It's clear from Shadows posts he has already rolled over on the issue; and it hasn't happened, nor is it likely to happen to him.
He hasn't even mentioned his fallback technique of throwing himself at the mercy of A Current Affair when things get too much for him
They did, they sued and won.
It just shoots your opinion that a duplicate of your title is enough to just stroll in and take the property back full of holes. Hence why you are pouting.
It just shoots your opinion that a duplicate of your title is enough to just stroll in and take the property back full of holes. Hence why you are pouting.
They should have got their property back but they rolled over like little property investors:
"(1) Proceedings for the possession or recovery of land do not lie against the registered proprietor of the land, except as follows: (d) proceedings brought by a person deprived of land by fraud against: (i) a person who has been registered as proprietor of the land through fraud."
WHAT WOULD EDDIE DO? MAAAATE! Share a cot with Milton?
I wonder who we should believe here? Golly the Bush Lawyer? Or the government spokesman and the solicitor involved in the case.
Here's what they said...
New owners didn't know they bought a house sold by scammer "A government spokesman said ... registered real estate purchases made in good faith were protected by the ACT Land Titles Act. Archie Tsirimokos, managing partner of Canberra-based commercial law firm Meyer Vandenberg Lawyers, said it was unlikely the property owner who was defrauded would be able to get the house back. "The presumably innocent buyer of the home is now the registered proprietor and is entitled to keep the home." Mr Tsirimokos said Australia had a system of land title whereby a register is maintained by the government and guaranteed "indefeasible title to those included in the register"
I wonder who we should believe here? Golly the Bush Lawyer? Or the government spokesman and the solicitor involved in the case.
Here's what they said...
New owners didn't know they bought a house sold by scammer "A government spokesman said ... registered real estate purchases made in good faith were protected by the ACT Land Titles Act. Archie Tsirimokos, managing partner of Canberra-based commercial law firm Meyer Vandenberg Lawyers, said it was unlikely the property owner who was defrauded would be able to get the house back. "The presumably innocent buyer of the home is now the registered proprietor and is entitled to keep the home." Mr Tsirimokos said Australia had a system of land title whereby a register is maintained by the government and guaranteed "indefeasible title to those included in the register"
1st wiki, now a government spokesperson!
You could try reading what the law says.
I'll quote it for you:
"(1) Proceedings for the possession or recovery of land do not lie against the registered proprietor of the land, except as follows: (d) proceedings brought by a person deprived of land by fraud against: (i) a person who has been registered as proprietor of the land through fraud."
That very straightforward. If you were right, why would the legislation say:
"Proceedings for the possession or recovery of land can take place against a person who has been registered as proprietor of the land through fraud" (paraphrased)
You're very quick to roll over on this Shadow.
WHAT WOULD EDDIE DO? MAAAATE! Share a cot with Milton?
Golly, like a typical bush lawyer, you're completely misinterpreting the clause you keep quoting. You fail to understand that no proceedings can be brought against the registered proprietor if the registered proprietor is not the person who committed the fraud. If the registered proprietor committed fraud, then yes, proceedings can be brought against them by the person deprived of land. But you can't initiate proceedings against an innocent party. Silly old Golly.
Listen to what the government spokesman and the solicitor involved in the case said...
1. Registered real estate purchases made in good faith were protected by the ACT Land Titles Act 2. It was unlikely the property owner who was defrauded would be able to get the house back 3. The presumably innocent buyer of the home is now the registered proprietor and is entitled to keep the home 4. Australia had a system of land title whereby a register is maintained by the government and guaranteed "indefeasible title to those included in the register
Golly, like a typical bush lawyer, you're completely misinterpreting the clause you keep quoting. You fail to understand that no proceedings can be brought against the registered proprietor if the registered proprietor is not the person who committed the fraud. If the registered proprietor committed fraud, then yes, proceedings can be brought against them by the person deprived of land. But you can't initiate proceedings against an innocent party. Silly old Golly.
Listen to what the government spokesman and the solicitor involved in the case said...
1. Registered real estate purchases made in good faith were protected by the ACT Land Titles Act 2. It was unlikely the property owner who was defrauded would be able to get the house back 3. The presumably innocent buyer of the home is now the registered proprietor and is entitled to keep the home 4. Australia had a system of land title whereby a register is maintained by the government and guaranteed "indefeasible title to those included in the register
What does the legislation say Shoddy?
"(1) Proceedings for the possession or recovery of land do not lie against the registered proprietor of the land, except as follows: (d) proceedings brought by a person deprived of land by fraud against: (i) a person who has been registered as proprietor of the land through fraud."
This doesn't say that have to have committed the fraud, only that they were registered because of fraud.
It's not difficult.
I wonder what government spokespeople had to say for over a decade about the fire risk complaints at Grenfell Tower before it went up like a Roman Candle?
WHAT WOULD EDDIE DO? MAAAATE! Share a cot with Milton?
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