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Omitted easements in the Torrens system: devising a better strategy


Griggs, L, Omitted easements in the Torrens system: devising a better strategy, Australian Property Law Journal, 26 pp. 333-352. ISSN 1038-5959 (2018) [Refereed Article]


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The law on omitted easements as an exception to indefeasibility is in a mess. With jurisdictional differences all too evident, and the parties often overwhelmed by the cost of litigation, law and community expectation are unaligned. This article seeks to connect the practice with the law and to argue in favour of a wide and expansive view as to when the exception applies. The approach suggested consists of a wide exception for omitted easements to indefeasibility together with a ‘conclusive evidence’ provision in the legislation that the recording of the easement on the dominant tenement establishes the existence of that easement. This approach is supported by history, authority, and by reference to the underlying integrity of the land administration system.

Item Details

Item Type:Refereed Article
Keywords:omitted easements, Torrens system, property law, indefeasibility, Australia
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Griggs, L (Mr Lynden Griggs)
ID Code:125350
Year Published:2018
Deposited By:Law
Deposited On:2018-04-13
Last Modified:2018-12-07
Downloads:12 View Download Statistics

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