Property Law
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When property is purchased in joint names and one party dies the question of whether the proprietors held the land as joint tenants or tenants in common invariably arises. The answer is significant because if the parties were joint tenants the whole of the land remains with the surviving joint tenant. The law concerning joint tenancies…
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The Registrar of Titles has been criticised by the Court of Appeal for its conduct in a proceeding brought by a plainiff under s.110 of the Transfer of Land Act 1958. Section 110 provides, among other things, that a person who sustains loss or damage by reason of an amendment of the Register is entitled to…
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In general a contractual provision that requires a party in breach of contract to pay or foreit a sum of money is unlawful as a penalty unless such provison can be justified as being a payment of liquidated damages being a genuine pre-estimate of the loss which the innnocent party will incur by reson of…
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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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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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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…
