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Property LawTorrens TitleHARD

A registered proprietor discovers that their property title contains an incorrectly described easement that affects marketability. The error originated from a surveyor's mistake 15 years ago. What is their most appropriate legal remedy under the Torrens system?

Correct Answer

B) Apply to the Registrar for correction of the title under rectification provisions

Under Torrens legislation, the Registrar has power to correct errors in the register, including incorrectly described easements, particularly when the error is clerical or arose from mistake. This rectification power allows correction of the title to reflect the true legal position without affecting the indefeasibility principle.

Answer Options
A
Sue the current easement holder for trespass and damages
B
Apply to the Registrar for correction of the title under rectification provisions
C
Claim compensation from the Title Assurance Fund for the loss in value
D
Lodge a caveat to prevent any dealings until the matter is resolved

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Related Topics & Key Terms

Key Terms:

rectificationRegistrarTorrens systemtitle errorssurveyor mistake
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