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Which of the following interests in WA land does NOT require registration at Landgate to be enforceable against a subsequent registered purchaser?

Correct Answer

D) A lease for a term not exceeding three years where the tenant is in possession

Under the Transfer of Land Act 1893 (WA), a short-term lease not exceeding three years where the tenant is in actual possession is an overriding statutory interest that binds subsequent purchasers even without registration. This is a recognised exception to indefeasibility.

Answer Options
A
A transfer of freehold title
B
A lease for a term exceeding three years
C
An easement by prescription recognised at common law
D
A lease for a term not exceeding three years where the tenant is in possession

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Related Topics & Key Terms

Key Terms:

overriding interestshort-term leaseTorrens system
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