BLB2125-Contemporary Issue in Property Law - Law Assignment Help

Assignment Task

Details:

Answer all three questions, refer to any relevant statutory provisions (either Victorian or Commonwealth) and/or case law to support and illustrate your points. 

Question 1:

Explain what is meant by past acts, intermediate period acts and future acts, and how these are treated differently under the NTA regime. 

Question 2:

“Once a title holder is registered under the Torrens system they will acquire what has been described as an ‘indefeasible’ title. Indefeasibility...refers to the fact that the…holder acquires a conclusive and secure title subject only to other interests registered on that title, statutory fraud and other…exceptions”

Discuss this statement. In your answer, you should: 

• Describe the process of registration of title and its legal outcomes.
• State the consequences of registration. 
• Identify and discuss the exceptions to indefeasibility of title and the limits to those exceptions.                                

Question 3:

Mr Black owns a fee simple and enters into a contract of sale with Mr Brown who pays a deposit and agrees to a settlement in three months’ time. Prior to settlement, Mr Brown asks to view the title documents, and Mr Black agrees to allow a ‘temporary’ viewing to Mr Brown. As soon as Mr Brown receives the title, he takes it to the bank and deposits the title in return for a mortgage advance. Mr Brown then disappears with the mortgage money and does not settle. In the meantime, Mr Black enters into a contract to sell the property to Mr Green. In a dispute between the bank and Mr Green, explain who is likely to have priority. 

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