Property and Land Law
Torrens Title and Interests in Land
Understand the Torrens system: indefeasibility of title, the exceptions (fraud, in personam claims, prior folio, and statutory exceptions), and the effect of caveats and priority notices. Study the distinction between legal and equitable interests, the requirements for creating easements and covenants, and the operation of part performance and the doctrine of conversion.
Co-ownership and Leases
Know joint tenancy and tenancy in common, severance, and the rights of co-owners. Study leases: essential terms, assignment and subletting, and the distinction between a lease and a licence. Understand mortgages (including the equity of redemption) and the vendor-purchaser relationship under a contract of sale.
Traps and Rule of Thumb
Questions often turn on whether an interest is registered and whether an exception to indefeasibility applies. Watch for fraud narrowly defined (actual dishonesty, not mere notice). Rule of thumb: identify the interest, its legal or equitable character, and whether it is registered before assessing priority.
Worked example: A purchaser registers a transfer obtained by fraud. The prior registered proprietor may recover under the fraud exception; a subsequent bona fide purchaser for value without notice may take free. Analyse each party's notice and the timing of registration.