New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 43
Purchaser from registered proprietor not to be affected by notice
43 Purchaser from registered proprietor not to be affected by notice
(1) Except in the case of fraud no person contracting or dealing with or
taking or proposing to take a transfer from the registered proprietor of any
registered estate or interest shall be required or in any manner concerned to
inquire or ascertain the circumstances in or the consideration for which such
registered owner or any previous registered owner of the estate or interest in
question is or was registered, or to see to the application of the purchase
money or any part thereof, or shall be affected by notice direct or
constructive of any trust or unregistered interest, any rule of law or equity
to the contrary notwithstanding; and the knowledge that any such trust or
unregistered interest is in existence shall not of itself be imputed as fraud.
(2) Subsection (1) does not operate to defeat any claim based on a subsisting
interest, within the meaning of Part 4A, affecting land comprised in a
qualified folio of the Register.
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