South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 69

69—Title of registered proprietor indefeasible

The title of every registered proprietor of land shall, subject to such encumbrances, liens, estates, or interests as may be notified on the certificate of title of such land, be absolute and indefeasible, subject only to the following qualifications:

            (a)         Fraud

in the case of fraud, in which case any person defrauded shall have all rights and remedies that he would have had if the land were not under the provisions of this Act: Provided that nothing included in this subsection shall affect the title of a registered proprietor who has taken bona fide for valuable consideration, or any person bona fide claiming through or under him;

            (b)         Forgery or disability

in the case of a certificate or other instrument of title obtained by forgery or by means of an insufficient power of attorney or from a person under some legal disability, in which case the certificate or other instrument of title shall be void: Provided that the title a registered proprietor who has taken bona fide for valuable consideration shall not be affected by reason that a certificate other instrument of title was obtained by any person through whom he claims title from a person under disability, or by any of the means aforesaid;

            (c)         Erroneous inclusion of land

where any portion of land has been erroneously included, by wrong description of parcels or boundaries, in the certificate of title or other instrument evidencing the title of the registered proprietor: In which case the rights of the person who but for such error would be entitled to such land shall prevail, except as against a registered proprietor taking such land bona fide for valuable consideration, or any person bona fide claiming through or under the registered proprietor;

            (d)         Omission of easement

where a right-of-way or other easement not barred or avoided by the provisions of the Rights-of-Way Act 1881 , or of this Act, has been omitted or mis-described in any certificate, or other instrument of title: In which case such right-of-way or other easement shall prevail, but subject to the provisions of the said Rights-of-Way Act 1881 and of this Act;

            (e)         Several certificates for the same land

where 2 or more certificates of title shall be registered under any of the Real Property Acts in respect of the same land: In which case the title originally first in time of registration shall prevail but without prejudice to the effect of anything done under Part 19A of this Act;

            (f)         Certificate of title to be void if any person is in possession and rightfully entitled adversely to the first registered proprietor

any certificate of title issued upon the first bringing of land under the provisions of any of the Real Property Acts, and every certificate of title issued in respect of the said land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor, shall be void, as against the title of any person adversely in actual occupation of, and rightfully entitled to, such land, or any part thereof at the time when such land was so brought under the provisions of the said Acts, and continuing in such occupation at the time of any subsequent certificate of title being issued in respect of the said land;

            (h)         A lease or letting for not more than a year

where at the time when the proprietor becomes registered a tenant shall be in actual possession of the land under an unregistered lease or an agreement for a lease or for letting for a term not exceeding one year: In which case the title of the tenant under such lease or agreement shall prevail;

                  (i)         Failure of mortgagee to comply with verification requirement

if—

                  (i)         the person by or on whose behalf a mortgage was signed or executed as mortgagor (the "purported mortgagor") is not the registered proprietor of land subject to the mortgage; and

                  (ii)         the mortgagee failed to comply with a requirement under this Act or the Electronic Conveyancing National Law (South Australia)

                        (A)         to verify the purported mortgagor's identity or authority to enter into the mortgage; or

                        (B)         if the mortgage was transferred to the mortgagee—to establish that the transferor complied with an obligation imposed under this Act on the transferor, as mortgagee, to verify the identity of the purported mortgagor or to verify the purported mortgagor's authority to enter into the mortgage,

the mortgagee's interest under the mortgage is not indefeasible.



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