Protecting interests in or claims to land

Caveats, settlement notices and writs of execution

The implications of TorrensIssue Common law Land Title Act

Process to create legal interest

Determining priority

Volunteers

Issue of notice

Need for bona fides?

Role of equity

The Torrens system only deals with legal interests in land.

☐ True☐ False

Other dealings (LTA)

Caveats

Nature Effect

Writs of execution

Effect

Settlement notices

Effect

CAVEATSThe role of equity, and…

Two scenarios

No caveat

lodgment registration

Caveat

Caveats put the world on notice

A caveat does not enlarge your interest in land.

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Form of caveat, cont’d

What are these ‘other grounds’? Read the LTA

Who can lodge a caveat?: LTA

A person claiming an interest in a lot

What does interest mean? Where might you find this meaning?

definitions section part Acts Interp Act

Who can lodge a caveat?

• Bill signs a contract to sell his land to Ben. Ben finds out Bill has also signed a contract to sell to Helen. Does Ben have a caveatable interest?

• Peter borrows money from the bank, and deposits his title deeds as security. Does the bank have a caveatable interest?

• Joanne has signed a contract to buy a farm. The contract is subject to finance. Does Joanne have a caveatable interest?

• Margaret has defaulted on her mortgage, and the bank has exercised its power of sale. The bank has signed a contract to sell to a related entity. Does Margaret have a caveatable interest?

Who can lodge a caveat?• Jonathan has signed a contract to buy land

that is subject to council approval for subdivision. Council has not yet given its approval. The owner is threatening to sell the land to a third party. Does Jonathan have a caveatable interest?

• Pauline is a beneficiary under a trust that owns land. The trustee is planning to sell the land. Does Pauline have a caveatable interest?

Case Interest Caveat?

Ben v Bill Equitable interest in an estate in fee simple as purchaser under a contract

Is it unconditional? Chang v Registrar of Titles

Bank v Peter Equitable interest by way of deposit of title deeds

Re Dixon’s Caveat

Joanne Equitable interest as purchaser under contract

Conditional: Re Dimbury, Re CM Group Caveat say no distinguish? – is it specifically enforceable. Cf Re Henderson’s Caveat

Margaret Mere equity to have the sale set aside (Latec)

Re Pile = noCf Re McKean’s Caveat = likely yes

Case Interest Caveat

Jonathan Equitable interest as purchaser under conditional contract for sale

Re CM Group Caveat – noBut see Re Henderson

Pauline Interest as beneficiary under a trust has a mere right to be considered in distribution – not an interest in land

No (Though see Kennon v Spry for a new take on this…)

Caveats’ life span

• Find the provisions (LTA)

• What is their scope• Identify the

different time-frames that apply

• Draw a diagram representing these time-frames

Two different issues

Is there a caveatable interest?

Which interest takes priority?

What can you do with a caveat?

Does the LTA promote alternative dispute resolution to resolve competing interests in land?

Review the caveat provisions in the LTA – what are the triggers for the time-frames?

Can you caveat again?

SETTLEMENT NOTICESProtecting specific interests

Settlement notices: Work through the LTA

What is it? Who qualifies?

What is the effect?

How long do they last?

Effect on instruments

?

WRITS OF EXECUTIONOther…

Writs of Execution: work through the LTA

What is it? How is it issued?

What is its effect?

What are the time limits?

Black v Garnock

Black got judgment a/g respondent

Judgment debtor agt sale to respondent

Pcher: clear check search

½ hour later: Black warned of

writ of execution

1 ½ hour later: Black lodged

writ of execution

What is the effect of the

writ of execution?

OverviewScope of Torrens

Torrens encompasses equity too!

Nature of Caveats

Caveats stop registration; warn the world

Scope of Caveats

Caveats apply to interests in land

Nature of Settlement notices

Same or different from caveat?

Nature of writ of execution

What are they & how do they work?