An Idea That Protects A Proprietor s Land Title - 1742 Words

Indefeasibility Introduction Indefeasibility of title is an idea that protects a proprietor’s land title. It allows for the proprietor to be immune from attack by adverse claims and interests in the land, in which he, the proprietor, is registered. This concept is based around the Torrens system in New Zealand, this concept consists of three main principles, the mirror, the curtain and the insurance principles. This essay will discuss the concept of indefeasibility of title, the Torrens system and how these have provided security of title for land owners in New Zealand. I will also report on two significant cases that will illustrate the concept of Indefeasibility of title, they are Frazer v Walker and Efstratiou, Glantschnig and Petrovic v Glatnschnig. Common Law Common law was implemented in New Zealand when the British settlers arrived. It was in accordance with English law and was known as the Deeds system and Act and was replaced by the Torrens system in 1870. Common Law basically stated that no one could confer a better title than the one they have and therefore if a deed was deemed invalid, so too was the title (Hinde 2013). Torrens System The Torrens system is what indefeasibility of title has been built around. It has existed since 1870 and has been refined and is now found in the Land Transfer Act 1952. The system, as mentioned earlier, consists of three principles, the mirror principle, the curtain principle and the insurance principle. †¢ The Mirror principle:Show MoreRelatedThe Objectives Of The Lra 2002 Replaces And Repeals The Land Registration Act 19251432 Words   |  6 Pagesreplaces and repeals the Land Registration Act 1925 in its entirety. However, the same principle which also applied in 2002 Act. Law based on these three principles. The â€Å"Mirror principle† provide that by the register should reflect or reflect all the rights and interests of the registered land titles. 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A fair and accurate report by newspaper, radio or television of proceedings publicly heard before any Court exercising judicial authority shall, if published contemporaneously with such proceedings, be privileged (provided no blasphemous or indecent matter is included) - Section 6 Wrongs Act. This section protects reports of proceedings heard before a Court exercising judicialRead MoreMedia Law: Defamation, Copyright, Etc23639 Words   |  95 Pagesdocuments such as pleadings and proofs of evidence: This will not protect media reports of the contents of these documents. A fair and accurate report by newspaper, radio or television of proceedings publicly heard before any Court exercising judicial authority shall, if published contemporaneously with such proceedings, be privileged (provided no blasphemous or indecent matter is included) - Section 6 Wrongs Act. This section protects reports of proceedings heard before a Court exercising judicial