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  • Covenant Torr

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    fedepardo
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    This document outlines 6 requirements for a valid covenant to be enforceable under the Torrens Title Registration System in Australia. The covenant must be restrictive, the purchaser must have taken the land with notice of the covenant, the benefit must touch and concern the land benefited, express words are needed if benefiting multiple divisions of land, the covenant cannot rebut presumptions under the Conveyancing Act, and the covenantee must own the benefited land when the covenant is created.

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    covenant torr

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    This document outlines 6 requirements for a valid covenant to be enforceable under the Torrens Title Registration System in Australia. The covenant must be restrictive, the purchaser must have taken the land with notice of the covenant, the benefit must touch and concern the land benefited, express words are needed if benefiting multiple divisions of land, the covenant cannot rebut presumptions under the Conveyancing Act, and the covenantee must own the benefited land when the covenant is created.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    15 views1 page

    Covenant Torr

    Uploaded by

    fedepardo
    This document outlines 6 requirements for a valid covenant to be enforceable under the Torrens Title Registration System in Australia. The covenant must be restrictive, the purchaser must have taken the land with notice of the covenant, the benefit must touch and concern the land benefited, express words are needed if benefiting multiple divisions of land, the covenant cannot rebut presumptions under the Conveyancing Act, and the covenantee must own the benefited land when the covenant is created.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    A valid covenant must be under Torrens Title Registration System:

    1. restrictive (privity of contract), Tulk v Moxhay


    2. The purchaser must have taken with notice of the covenant, Tulk v
    Moxhay
    3. The benefit must touch and concern the land benefited, Rogers v
    Hosegood
    4. If the land to be benefited includes many divisions, the covenant must
    include express words to the whole land, Ellison O’Neill
    5. The covenant (agreement) must not have used words to rebut
    presumptions in s.70 and s.70(a) Conveyancing Act
    6. The covenantee must own the land benefited at the time the covenant is
    created; Kerridge v foley

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