LLB301 REAL PROPERTY LAW 1
LLB301 REAL PROPERTY LAW TORRENS SYSTEM AND INDEFEASIBILITY. 3 INDEFEASIBILITY PROBLEM SOLVING 3 THE TORRENS SYSTEM - OVERVIEW. 3 THE ‘OLD SYSTEM' - CONVEYANCING. 3 TORRENS SYSTEM .. 4 INDEFEASIBILITY 4 EXCEPTIONS TO INDEFEASIBILITY. 9 FRAUD EXCEPTION 9 SECTION 185 EXCEPTIONS SUMMARY 12 IN PERSONAM (PERSONAL EQUITY) EXCEPTION. 13 SHORT LEASE EXCEPTION. 15 EXCEPTION IN FAVOUR OF AN ADVERSE POSSESSOR 16 CARELESS MORTGAGEE EXCEPTION 16 EXCEPTIONS IN OVERRIDING STATUTES. 16 UNREGISTERED INTERESTS 18 CAVEATS. 18 SETTLEMENT NOTICES. 23 PRIORITIES INTRO 25 PRIORITIES BETWEEN MORTGAGEES. 25 PRIOR REGISTERED INTEREST FOLLOWED BY SUBSEQUENT REGISTERED INTEREST 25 PRIOR REGISTERED INTEREST FOLLOWED BY SUBSEQUENT EQUITABLE ESTATE 25 PRIOR EQUITABLE ESTATE FOLLOWED BY SUBSEQUENT REGISTERED INTEREST 26 COMPETING EQUITABLE INTERESTS 26 PRIORITIES AND CAVEATS 28 VOLUNTEERS. 28 ADVERSE POSSESSION. 29 OWNERSHIP, POSSESSION AND TITLE 29 ADVERSE POSSESSOR - GENERAL LAW - MUST APPLY. 29 ELEMENTS. 29 ESTABLISHING "ADVERSE POSSESSION" 29 LIMITATION PERIOD + ACCRUAL PERIOD. 30 ADVERSE POSSESSION AND TORRENS - text p 375-8. 32 CONVEYANCING PROCESS. 33 SUMMARIES (So far). 36 LEASE COVENANTS SUMMARY 36 LEASE ASSIGNMENT SUMMARY. 36 TERMINATION SUMMARY 37 NATURE AND CREATION OF LEASES. 38 LEASES 38 ESSENTIAL REQUIREMENTS FOR A LEASE 38 FIXED TERM LEASES 40 PERIODIC TENANCY 41 YEARLY TENANCY 43 TENANCY AT WILL 44 OTHER FORMS OF TENANCY 45 AGREEMENTS FOR LEASE 46 DUAL CHARACTER OF A LEASE 46 AGREEMENTS FOR LEASE (ALF) 46 REGISTRATION OF LEASES. 50 PRECONDITIONS TO REGISTER 50 POST REGISTRATION OF LEASE 50 REGISTRATION GENERAL PRINCIPLES 50 UNREGISTERED LEASES - LONG LEASES 51 REGISTRATION - SHORT LEASES 52 COVENANTS IN A LEASE. 53 COVENANTS .. 53 LESSOR COVENANT - FOR QUIET ENJOYMENT LESSOR COVENANT - NON-DEROGATION (similar to quiet enjoyment). 54 55 LESSEE COVENANT - PAYMENT OF RENT. 56 2
LESSEE COVENANT - REPAIR 57 LESSOR COVENANT - BUSINESS EFFICACY. 59 COVENANTS IN FAVOUR OF LESSOR 60 DEALINGS WITH LEASE. 61 ASSIGNMENT OF THE LEASE 61 REQUIREMENTS FOR A LEGAL ASSIGNMENT OF LEASE 61 POSITION AFTER LEGAL ASSIGNEMNT 61 ENFORCING COVENANTS POST-ASSIGNMENT OF THE LEASE 63 LESSOR CONSENT (c) 63 ENFORCING COVENANTS POST-ASSIGNEMNT OF REVERSION. 65 TERMINATION OF LEASES 67 HOW A LEASE CAN END. 67 TERMINATING A PERIODIC TENANCY. 69 TERMINATION OF FIXED TERM LEASE. 70 ADDITIONAL REMEDIES FOR BREACH OF LEASE OBLIGATIONS 73 MORTGAGES. 76 NATURE OF MORTGAGES 76 OLD SYSTEM MORTGAGES 76 TORRENS MORTGAGE 78 USUAL COVENANTS IN MORTGAGES 80 GENERALLY .80 CHARIGING CLAUSE - set out in mortgage (clause 12.1). 80 PERSONAL COVENANT TO REPAY PRINCIPAL AND INTEREST - ESSENTIAL 80 ACCELLERATION OF REPAYMENT UPON DEFAULT 80 RIGHTS OF A TORRENS MORTGAGOR 82 TO POSSESS LAND. 82 TO POSSESS CERTIFICATE OF TITLE. 82 TO GRANT SUBSEQUENT MORTGAGES 82 TO LEASE THE PROPERTY. 82 MORTGAGOR RIGHT TO REDEEM THE MORTGAGE 82 NO RIGHT TO REPAY BEFORE THE CONTRACTUAL DATE. 84 REMEDIES OF A TORRENS MORTGAGEE. 85 ACTION FOR DEBT ON THE PERSONAL COVENANT TO REPAY 85 ENTER INTO POSSESSION 85 APPOINT A RECEIVER 85 FORECLOSURE 86 EXERCISE POWER OF SALE 86 CAVEATS 91 EASEMENTS. 93 EASEMENTS