Property Law – Page 7 – Robert Hay KC Blog

July 29, 2011

Amending the “interest” claimed in a caveat

Mistakes are often made in describing the interest claimed in a caveat. Is it possible to amend the caveat to claim the correct interest? Macaulay J considered this issue in Percy & Michele Pty Ltd v Gangemi [2010] VSC 530. where the interest claimed was “estate in fee simple” when it should have been “an equitable

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July 21, 2011

What is a ‘tenant in possession”: s42(2)(e) of TLA

In Victoria a purchaser of land takes the land subject to “the interests of a tenant in possession of the land”. See: s.42(2)(e) of the Transfer of Land Act 1958. The section protects a person who is in actual occupation of the land. Finkelstein J said the following in Money for Living (Aust) Pty Ltd (Administrators Appointed)

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July 20, 2011

s.42(2)(e) of Transfer of Land Act 1958

Traditionally leases in Victoria have not been registered because of the protection afforded by s. 42(2)(e) of the Transfer of Land Act 1958 which provides that : “….land which is included in any folio of the Register or registered instrument shall be subject to – ….. (e) the interests of (but excluding any option to

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July 5, 2011

What is the effect of a nominee clause?

There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/ What is the effect of a purchaser of land nominating a nominee under a nomination clause contained in the contract: what rights and obligations does

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July 4, 2011

Property Law ( Sale of Land) – Everything must be in writing

There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/ It is extraordinary how often lawyers overlook the cardinal rule when dealing with land: anything intended to have legal effect must be in writing. See:

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