Protecting Interests in, Claims to, Land (Caveats)
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An overview of the mechanisms in Qld's Torrens legislation for protecting interests in and claims to land.
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Protecting Interests in, Claims to, Land (Caveats)
- 1. Protecting interests in or claims to land Caveats, settlement notices and writs of execution
- 2. The implications of Torrens Issue Common law Land Title Act Process to create legal interest Determining priority Volunteers Issue of notice Need for bona fides? Role of equity
- 3. The Torrens system only deals with legal interests in land. ☐ True ☐ False
- 4. Other dealings (LTA) Caveats Nature Effect Writs of execution Effect Settlement notices Effect
- 5. CAVEATS The role of equity, and…
- 6. Two scenarios No caveat lodgment registration Caveat
- 7. Caveats put the world on notice
- 8. A caveat does not enlarge your interest in land. Image: http://pixdaus.com/big-yellow-duck-by-greg-naeseth-duck/items/view/309884/
- 10. Form of caveat, cont’d What are these ‘other grounds’? Read the LTA
- 11. 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
- 12. 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?
- 13. 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?
- 14. 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 = no Cf Re McKean’s Caveat = likely yes
- 15. Case Interest Caveat Jonathan Equitable interest as purchaser under conditional contract for sale Re CM Group Caveat – no But 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…)
- 16. 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
- 17. Two different issues Is there a caveatable interest? Which interest takes priority?
- 18. What can you do with a caveat?
- 19. 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?
- 20. Can you caveat again?
- 21. SETTLEMENT NOTICES Protecting specific interests
- 22. Settlement notices: Work through the LTA What is it? Who qualifies? What is the effect? How long do they last? Effect on instruments?
- 24. Writs of Execution: work through the LTA What is it? How is it issued? What is its effect? What are the time limits?
- 25. 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?
- 26. Overview Scope 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?