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 five years where the tenant is in possession
Under section 68(1A) of the Transfer of Land Act 1893 (WA), a registered proprietor takes subject to a prior unregistered lease, agreement for lease or letting for a term not exceeding 5 years to a tenant in actual possession. Longer leases must be registered or protected by caveat, and an option to renew is not protected by this exception.
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