Essay Argument 1

Question 1

First issue is…

Answer 1

The contentious nature of section 29

Question 2

What is section 29’s aim

Answer 2

It was created to establish a special priority rule that privileges registered dispositions for valuable consideration

Question 3

What are the exemptions to section 29?

Answer 3

Schedule 3 of the LRA 2002 - overriding interests

Question 4

Which principle is the LRA based upon?

Answer 4

Ruoff’s Mirror principle - the register should be a reflection of peoples’ interests
In theory, this would allow for a clear and comprehensive register, but it has failed

Question 5

What should people have confidence in?

Answer 5

The register being what is says
Is it too ambitious?

Question 6

What did Pierson v Post establish?

Answer 6

Property and ownership serve as clear notice to the world
How is it clear if it is overriding?

Question 7

Davys

Answer 7

“The uncertainties of deed-based conveyancing… should have no place in a system of registered title”

Question 8

Dixon

Answer 8

There is a lingering and unresolved tension in the system of registration

Question 9

Characterisation of section 29’s promise

Answer 9

It is weak!

Question 10

Why is Schedule 3, para 2 problematic?

Answer 10

What is the actual occupation, based on judicial discretion? Bogusz says that the statute offers no clear guidance whatsoever
Can a purchaser be safeguarded by the reasonable inspection defence? What does this look like?

Question 11

What could some argue?

Answer 11

Overriding interests have been massively reduced in the LRA 2002
They DO stop the register being comprehensive but they protect the vulnerable’s interests

Question 12

Rebuttal: Crack in the mirror

Answer 12

Contradictory to what the Act aimed to achieve

Question 13

Rebuttal: dynamic security

Answer 13

The Law Commission said it aimed to honour dynamic security, which seeks to protect purchasers’ reasonable expectations of acquiring land free of unknown burdens and defects
OVERRIDING INTERESTS CONTRADICT THIS

Question 14

Reform ideas for schedule 29

Answer 14

In Australia, in the Torrens system, priority over unregistered interests is thought to be their primary aim. All titles are free from unregistered interests
Carruthers argues that the question of indefeasibility in Australia is stable and produces results that England and Wales should aspire to

Question 15

Reform ideas for overriding interests themselves

Answer 15

The safeguards for purchasers are not sufficient
A reasonably careful inspection and actual occupation need to have a statutory definition