Sure thing Golly - you're going to initiate 'proceedings' against an innocent party. Good luck with that.
Sure, as the legislation allows:
""(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"
They can then counter sue and seek reperations from the Titles fund. They've still paid their $4 to the fund.
There are two victims here Shadow. Who are the greatest victims, those who have owned the house, perhaps for decades or those who thought they'd owned the house, perhaps for a week?
What if it was a National Treasure property listed upon the heritage register, that has been in a family for generations (say in England- 600 or even 900 years), does the interloper have more rights than the undeniable owner simply because a bank has shelled out a few bucks?
You roll over to quickly sir.
I'm sure Today Tonight or A Current Affair would be over this like a rash and would have your home returned quick smart, tied up in a bow!
I mean, they couldn't take a house away from an innocent person who hasn't done anything wrong.
Surely!
Edit by the way Shoddy, why have you put the word "proceedings" into inverted coma as in the following:
quote=Rat,2 Jul 2017, 09:13 PM]Sure thing Golly - you're going to initiate 'proceedings' against an innocent party. Good luck with that. [/quote]
What joyride of twisted thought are you planning on taking us next.
they couldn't take a house away from an innocent person who hasn't done anything wrong
They can, and they did. It has happened multiple times and the original owner never gets the house back. The new owner's title is indefeasible if they purchased in good faith.
Good luck with your 'proceedings' against the innocent new owner, but precedent is not on your side.
As noted by the government official and the solicitor involved in the Canberra case...
"Registered real estate purchases made in good faith were protected by the ACT Land Titles Act" "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" "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"
They can, and they did. It has happened multiple times and the original owner never gets the house back. The new owner's title is indefeasible if they purchased in good faith.
Good luck with your 'proceedings' against the innocent new owner, but precedent is not on your side.
As noted by the government official and the solicitor involved in the Canberra case...
"Registered real estate purchases made in good faith were protected by the ACT Land Titles Act" "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" "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"
Ooh a government spokesperson (or solicitor) said it was "unlikely the property owner who was defrauded would be able to get the house back"
Do you like your stomach tickled Shadow. My puppy does when he rolls over.
"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][/b]
No it doesn't, the system specifically provides for the Register to be rectified in the case of amendments made because of fraud.
See:
REAL PROPERTY ACT 1900 - SECT 42 Estate of registered proprietor paramount 42 Estate of registered proprietor paramount (1) Notwithstanding the existence in any other person of any estate or interest which but for this Act might be held to be paramount or to have priority, the registered proprietor for the time being of any estate or interest in land recorded in a folio of the Register shall, except in case of fraud
And,
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, or (ii) a person deriving (otherwise than as a transferee bona fide for valuable consideration) from or through a person registered as proprietor of the land through fraud,
Rat
3 Jul 2017, 01:31 PM
Yes Golly, precedent is not on your side. But best of luck with your proceedings.
Thanks mate. This case would be a walk in the park, especially with A Current Affair on my side.
It sure would. For the new owner. Remember, every time this has happened before, the new owner has always kept the property, and the original owner gets some compensation.
If you were correct then the Canberra lady and Perth man referenced in articles within this thread would have had their properties returned to them.
Did the Canberra lady get her house back?
How about the Perth guy?
The problem is that precedent does not support your position. Not only that you are unable to cite a single occasion where what you claim to be true has occurred whereas others have provided evidence to the contrary.
At any rate as you are stupid and self obsessed I am sure you will keep this going until others give up trying to educate you on the realities at which point you will claim "last word wins".
My only hope for my three boys is that they turn out nothing at all like Chris.
If you were correct then the Canberra lady and Perth man referenced in articles within this thread would have had their properties returned to them.
Did the Canberra lady get her house back?
How about the Perth guy?
The problem is that precedent does not support your position. Not only that you are unable to cite a single occasion where what you claim to be true has occurred whereas others have provided evidence to the contrary.
At any rate as you are stupid and self obsessed I am sure you will keep this going until others give up trying to educate you on the realities at which point you will claim "last word wins".
Did you not understand the legislation then?
The legislation provides for people to have a clearly unjust circumstance appropriately dealt with, and for the their ownership of property to be restored them.
That it is not, or may not be being dealt with properly by the public service would not be remarkable.
Thanks to Shadows post regarding govt spokespeople and lawyers, I understand the pressure being employed against people by dross wanting to cover-up the failure to do their jobs.
The legislation is clear, and if it is not being followed, and people aren't having what is rightfully theirs restored to them, then corruption is clearly occurring.
I think I'll get a mate who is good at these things, to lobby for a Parliamentary Inquiry upon my return to Australia.
He owes me a favour or two and its been at least a decade since I caused an Inquiry
WHAT WOULD EDDIE DO? MAAAATE! Share a cot with Milton?
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