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Omitted easements in the Torrens system: devising a better strategy

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Griggs, LD ORCID: 0000-0003-3424-1366 2018 , 'Omitted easements in the Torrens system: devising a better strategy' , Australian Property Law Journal, vol. 26 , pp. 333-352 .

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Abstract

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 ofthe land administration system.

Item Type: Article
Authors/Creators:Griggs, LD
Keywords: omitted easements, Torrens
Journal or Publication Title: Australian Property Law Journal
Publisher: LexisNexis Butterworths
ISSN: 1038-5959
Copyright Information:

Copyright 2018 LexisNexis Butterworths

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