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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

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.

Answer Options
A
Apply to the Registrar to correct the register under the statutory correction powers.
B
Sue the easement holder for trespass and for damages covering the loss in value.
C
Claim compensation from the state assurance fund for the loss in value.
D
Lodge a caveat over the title to block all dealings with the land indefinitely.

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Related Topics & Key Terms

Key Terms:

rectificationRegistrarTorrens systemtitle errorssurveyor mistake
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