MLL325: Land Law Trimester 2, 2022 - Law Assignment Help

Introduction

This is a compulsory written assignment to be completed either individually or in a group with another student (group of two). You are required to submit a 2,000 word essay.

Learning Outcomes

At the completion of the assignment you should be able to:

• Identify legal and policy issues relevant to the assignment topic (Topics 1-8)
• Appreciate the foundational principles relevant to the creation and transfer of interest in land under the Torrens Framework (Topic 3-8)
• Explain these principles in a clear and structured way, using the academic conventions, including strict adherence to AGLC (4th ed), in the structuring and referencing of the assignment. You will be assessed against the criteria in the marking rubric available on the Cloud Site.

Assignment Question

The Torrens System of Land registration seeks to provide certainty of title to land by ensuring that parties who deal with the Register do not have to look beyond it. In Deguisa v Lynn (2020) 268 CLR 638 the High Court considered whether a purchaser of land can rely on what has been disclosed on the certificate of title or whether they are bound to make inquiries and searches beyond what is notified. The facts concerned the enforcement of a restrictive covenant to subdivided lots. The owners of the lots were subject to a building scheme that restricted most of the lots to having one dwelling. The Full Court of the Supreme Court of South Australia ruled that the covenant bound the owners.

The High Court unanimously upheld an appeal by the owners, holding that the title of a registered proprietor will not be bound by a restrictive covenant that is not properly notified on the current certificate of title. The court held that it was incumbent on the purchaser to search for and inspect only those registered instruments notified on the certificate of title.

Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ stated (at page 668 [88]): "

A person who seeks to deal with the registered proprietor in reliance on the State’s guarantee of the title of the registered proprietor disclosed by the certificate of title in the Register Book (or its electronic equivalent) is not to be put on inquiry as to anything beyond that which is so notified." Discuss the rationale underpinning the majority decision and consider its implications for land interests not registered or noted on the certificate of title and not protected by specific legislative provisions.

In your answer consider the following situation. Purchaser A orally promises Vendor B, when buying the land, to uphold an option to purchase that Vendor B has given to occupiers C. After Purchaser A becomes registered, occupiers C seek to exercise their option and buy the land. Purchaser A refuses. She argues that she is the registered proprietor and is not bound by the option held by C because it was not apparent from the certificate of title.

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