Here is the synopsis of our sample research paper on Land Law; Property Interests. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 5 page paper answers questions set by the student concerning interests in property including the use of forged documents, equitable interest recorded as caveat or unrecorded, and interest of the purchaser at different stages of purchase process. The paper is written with reference to Australian law. The bibliography cites 2 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TElandpur.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
it to Kyle. Kyle was not aware of the forgery and believed Cartman was acting as the owners agent. After the sale the title is registered in Kyles name, and
he subsequently sells it to Kenny. Throughout all of this the owner has remained in possession. Cartman has confessed and the Chef is now concerned. In common law there
is a position where any forged document such as this is used it is deemed to be void or ineffective where it was gained through the fraud of a third
party. In this case Kyle has obtained the title through the fraud of Cartman, even though he did not know that the document was forged. Therefore, Chef should be able
to get the transaction set aside as although he had allowed Cartman to hold the documents he had not signed the document. Chef will therefore be able to regain
his fee simple over the land. There are a number of statutory acts as well as the position in common law. Using the Torrens system different states or territories have
implemented the different pieces of legislation. The general position is that where there are people who suffer a loss of their interest in the land or title mis-description, in commission
or fraud on the Torrens register they can seek to recover damages from the wrongdoer. In Victoria is achieved and the Transfer of Land Act 1958 as amended) (Dale
and. McLaughlin, 1999). In this case if Kyle and Kenny approach Chef seeking to protect their interest Chef should direct them to make a claim against Cartman, who was
the wrongdoer under section 44 of the Transfer of Land Act (Lexis, 2007). Part 2 Had the situation been different and Kyle been aware that Cartman had forged the
...