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
A) Apply to the Registrar to correct the register under the statutory correction powers.
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.
Why This Is the Correct Answer
Torrens statutes let the Registrar correct errors and omissions in the register, including a wrongly described easement, supported by survey evidence. Correction fixes the root problem and restores marketability without affecting indefeasibility.
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A registered proprietor under the Torrens system discovers that part of their land has been fraudulently transferred to another party who has since sold it to a bona fide purchaser for value. What is the most likely outcome?