Real Property Law Analysis: Torrens System and Conveyance

This assignment delves into real property law, examining a scenario involving Ethan and his land, and the claims of Barry, Caroline, and Daoud. The analysis focuses on whether Ethan is obligated to grant Barry access to remove sandstone, subject to Caroline's lease, and subject to Daoud's mortgage. The solution highlights the importance of written deeds and agreements in establishing property rights, referencing the Real Property Act 1886 and provisions for leases and mortgages. The assignment then considers how the answers would change if the land were held under the Torrens system, which emphasizes registered title. The document concludes that the core principles of ownership and the requirement for proper documentation remain consistent, regardless of the land registration system. The student solution emphasizes the need for proper documentation and the significance of the Torrens system in land ownership disputes.

Real Property

Table of Contents
a) Does Ethan have to allow Barry access to his land to remove the sandstone?........................3
b) Is Ethan subject to Caroline’s lease?.......................................................................................3
c) Is Ethan subject to Daoud’s mortgage?...................................................................................4
d) If we change the facts and assume that the land is held in the Torrens system, how does
your answer to (a), (b) and (c) change?.......................................................................................4

a) Does Ethan have to allow Barry access to his land to remove the sandstone?
No, Ethan doesn’t have to allow Barry accessing his land to remove the sandstone; because
Ethan doesn’t have any written deed signed by Angela, to give him right to remove sandstone.
On the other hand, Ethan has written evidence which was signed between him and Angela,
through which he has the true ownership of the property; regardless of the fact that, Barry has
also paid money to Angela.
Real property act 1886:
Any act or instrument of attaining an inheritance or act or instrument of voluntary service that
constitutes or purports to be an act or instrument of attaining the homeland of freedom is equally
effective for the purpose for which it is communicated, and is work in all cases both by law and
value, as if the courier who performed it, also performed in a structure, deed or instrument of
contract and suitable contract, or rented by year, for the offer to make the delivery, even if such
activity or instrument of contract and contract or lease for one year would be executed1.
Land occupant for a period of one year the short term of 100 and a half years that he may apply
to the Prince Edward Island High Court for an application for ratification within that period of
long turning or departure periods active allowance as a result of or since.
b) Is Ethan subject to Caroline’s lease?
No, as like in above case; Caroline is also missing written proof in the form of lease agreement
deed between Angela and her. Thus, Angela is also subject to leave the place, or she can leave in
the same property, if Ethan continuous the agreement with legally signing lease deed between
him and Caroline.
Provision for lease:
When any land under the provisions of this law is intended to be leased or sold for usual use or
experience or for a period of years exceeding three years, the owner will implement a lease
contract in the agreed structure2. A benefit or contract with the lessee for the purchase of the land
in that drawing may be specified in that instrument and whether the lessee pays the specified
purchase money and in any case, aware of the terms of the lessee expressed and proposed in that
11.Knapp v Knapp [1944] SASR 257 at 261 per Mayo J
2 Spyer v Phillipson [1931] 2 Ch 183

instrument , the promoter will undoubtedly have to exchange this land with this occupant.
Leasing land subject to home loan, cost or expense is not a substantial or official mortgage
agreement, cost or contract cost unless the mortgage, cost or commitment has been agreed to the
rent before being listed3.
c) Is Ethan subject to Daoud’s mortgage?
Daoud is also missing with original deed which shows that Angela owes her house in the absence
of become defaulter with Daoud. In the absence of proper mortgage deed; Daoud is also doesn’t
have right to take the property under him for recovering his loan amount.
Provision for mortgage
At any time it is expected that land or land or an interest in land under this law will be charged or
secured for the purpose of imposing an obligation, the homeowner will action in the approved
resource. Whenever it is planned to pay or pledge an annual allowance, rent or sum of money,
the owner incurs a charge on the fixed property. The disadvantage or benefit so communicated
for inclusion, when the mortgage or burden of the house is registered, will be regarded as a
disadvantage or an advantage to apply to the land. Sold or placed under the ultimate obligation of
the mortgagee or agent, or disinfected, until the lender or borrower is abandoned or rented or
transferred by the lender or accused, unless expressly prohibited, by the application for
disqualification or rent or removal and registration itself4.
d) If we change the facts and assume that the land is held in the Torrens
system, how does your answer to (a), (b) and (c) change?
There will be no change in the answer; as in both Torrens system and Conveyance; property
ownership, title, rights and interests in a property from one entity to another. Hence, in both
cases; Ethan has a right to own the property and do not allow Daoud, Caroline and Barry to use
the property without Ethan’s permission.
Torrens title
Torrens Title is a creation from South Australia that challenged the way land ownership is
registered and registered. This is where land ownership occurs when the ownership transfer
3 Leigh v Taylor (1902) AC 157 at 162
4 Chan v Cresdon Pty Ltd [1989] HCA 63; (1989) 168 CLR 242

report is registered with the local Land Titles Office. The rationale behind the Torrens
framework is to grant the title to the land5.
The Torrens title is named after its innovator, Sir Robert Richard Torrens, who was instrumental
in implementing this gentle and knowledgeable approach to land management6. The framework
arose as a result of Sir Torrens' efforts to develop an early English land law framework that was
mentally soft, boring and expensive. The main goal of the Torrens Title System is to make the
record final7.
Under the property act, there is a title certificate for each lot of different buildings. The will
includes a reference that includes the sheet number and number, the subtleties of the property,
the disadvantages and benefits of the path affecting the land, and any fertilizer included home
loans, rents and various interests in the land.
5 People v. Simon, (1890) 176 Ill. 165, 52 N. E. 910, 68 Am. St. Rep. 175, 44 L. R. A. 801.
.
6 Minnesota, Laws 1901, ch. 237. (Amended Act is chap. 65 of Revision of 1905 and of General Statutes of 1913,
1923 and 1927.) Torrens statutes differ somewhat in different states, and a careful comparison discloses that
Minnesota has one of the best. Land Title Registration by Certificate, Bulletin No. 1, Federal Farm Loan Bureau.
7 Tyler v. Judges. (1900) 175 Mass. 71, 55 N. E. 812. 51 L. R. A. 433.