Essay Quotes

Question 1

Ruoff’s mirror principle

Answer 1

the land register should accurately reflect titles and leave no room for argument

Question 1

Bevan - the centre of the essay

Answer 1

The main aim of the system is to provide a clear and comprehensive account of interests

Question 2

Cooke in defending the register

Answer 2

Although the system in England and Wales is flawed, ‘it is the only one that can come anywhere near the myth of an ideal register’

Question 3

Dixon

Answer 3

There is a lingering and unresolved tension in the system of registered title

Question 4

Australian system

Answer 4

A title is free from all unregistered interests, unlike in England and Wales where unregistered interests can affect the title holder

Question 5

Davys

Answer 5

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

Question 6

Chokar v Chokar

Answer 6

The role of overriding interests is to protect the vulnerable’s rights

Question 7

Underhill LJ

Answer 7

Gold Harp Properties Ltd v Macleod
The guarantee of title conferred by registration is well- understood to not be absolute

Question 8

Re Chowood’s Registered Land

Answer 8

An indemnity is not payable where the alteration has amounted to a purely administrative alteration

Question 9

Ruoff’s insurance principle

Answer 9

The state provides a guarantee to the accuracy of the register and will compensate those who have suffered a loss

Question 10

Lady Hale

Answer 10

Scott v Southern Pacific Mortgages Ltd
There is a danger in letting the land registration tail wag the land ownership dog - tensions in LRA, and how different aims compete with one another

Question 11

Law Commission proposal

Answer 11

10-year-long stop
After the specified period, an individual’s title will be completely indefeasible and free from any challenges
The government said this proposal lacked evidence