Indefeasibility Of Title Malaysia Pdf
However incident of fraud may have the effect of eroding the owners security of title.
Indefeasibility of title malaysia pdf. Indefeasibility of a registered proprietor s title and fall within the first category of exceptions identified above. Indefeasible title which is central in the system of registration. Exemption of documents of title from stamp duty. Indefeasible title to the land.
Pjtv denson m s b v roxy m s b 1980 the concept of indefeasibility of title is so deeply embedded in our land law that it almost seems trite to restate it. Exceptions to indefeasibility exception to indefeasibility. The argument has been that this will lead to the loss of owner confidence in the torren system s ability to provide security of title which may result in the lack of confidence to. The national land code 1965 18 2 3 2 australia 20.
Examination of title at the instance of a proprietor 88. The nlc provides for the torrens system of title by registration it is the act of registration that confers title to or interest in land. Specification of rights in respect of underground land upon alienation. However this protection is not absolute and in some circumstances an interest will not be protected by indefeasibility.
Indefeasibility of title chapter 1 investigation of title 84. Indefeasibility after twelve years on interim register chapter 2 certificates of title 89. Indefeasibility after twelve months notice 86. Land law indefeasibility.
Indefeasibility of final title and rights of dealing etc. Registration to confer indefeasible title or interest except in certain circumstances. Examination of title by the director 85. Conclusiveness of register documents of title.
Minors and persons of unsound mind 87. Issue of issue documents of title. If one of these paramount interests is unregistered but exists prior to the registered title then the registered title will still be subject to that earlier interest despite it being unregistered. The holder of a registered interest acquires conclusive and secure title at the time of registration protected from attack from competing interests.
Disposal of underground land 92a. The decision of this court in that case had a far reaching effect on the land law and land administration in this country. For ease of reference we set out below s 340 1 2 and 3. Meaning of indefeasible title under land titles act tas s 40.
2 1 indefeasibility of title in the torrens system of land registration 16 2 2 conceptual issues 16 2 2 1 definition of indefeasibility of title in torrens system 16 2 2 2 types of indefeasibility 17 2 3 law on indefeasibility of title in malaysia and australia 18 2 3 1 malaysia.