Equitable Interest In Property

Summary

In Victoria, if Rob did not inquire about the womans presence, he might have constructive notice of her equitable interest, affecting his legal interest. Adverse possession requires 15 years of open, continuous, and exclusive occupation without consent. Indefeasibility in the Torrens system protects registered titles, subject to exceptions like fraud and unregistered equitable interests.

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He makes a physical inspection of the property and discovers a woman living on the property.
In Victoria, if Rob did not make any inquiries about the woman's presence on the property, he could be considered to have had "constructive notice" of her potential equitable interest. This means any legal interest Rob acquires might be subject to her equitable interest.
- Constructive notice arises when a purchaser is aware of facts that should have prompted further inquiry.
- Failure to investigate can bind the purchaser to any equitable interests found upon inquiry.
Would you like more detailed legal advice on this matter?
adverse possession
In Victoria, adverse possession laws allow a person to claim ownership of land if they have occupied it for a certain period without the owner's permission. Here are the key points:
- The occupier must have been in possession for at least 15 years.
- The possession must be open, continuous, and without the legal owner's consent.
- The occupier's possession must be exclusive.
Given that context, how long has the woman been living on the property?
Whittlesea City Council v Abbatangelo [*]
Case Rating: *
Based on the information, it seems like the woman’s occupation of the land could potentially lead to a claim of adverse possession if she meets the criteria. Here are the key points again:
- The occupier must have been in possession for at least 15 years.
- The possession must be open, continuous, and without the legal owner's consent.
- The occupier's possession must be exclusive.
To provide more accurate guidance, it would be helpful to know how long the woman has been living on the property. Can you provide that detail?
“Once a title holder is registered under the Torrens system they will acquire what has been described as an ‘indefeasible’ title. Indefeasibility...refers to the fact that the…holder acquires a conclusive and secure title subject only to other interests registered on that title, statutory fraud and other…exceptions”
Case Rating: *
Thank you for providing the details. To clarify, the principle of indefeasibility in the Torrens system does protect Rob's title once registered, subject to exceptions like fraud and existing equitable interests. If the woman's equitable interest existed but was not registered, Rob could be subject to it.
Would you like more detailed legal advice on the potential impact of this woman's equitable interest or adverse possession claim?