Property law exam questions Essay Example | Topics and Well Written Essays - 1500 words

home law exam questions - Essay ExampleGarcia and other persons or entities that may later on claims engage on the station. By virtue of its nature, an annotation on the Torrens patronage is indefeasible.Where there is clear showing that the property is held under the Torrens Title, the argument in Garcia shall not be applicable. Reliance on the mortgage and guarantee put to death over the couples home as evidence by the annotation in the Torrens Title is enough to bind the couple and other interested persons.a. My advice to Ms. Tomasina Jones is to seek redress in court base on the argument of prior right over the property and the fact that it was sold without her consent and authority. She disregard file a baptistery against Ms. Thompson for fraud and recovery of property. Since Ms. Esther Asterix choose not registered the sale and could not be held the absolute owner thereof thus Ms. Jones can claim prior right. Furthermore, since Ms. Thompson unduly enriched herself on t he put down of Ms. Asterix, she shall be liable to return the money to Ms. Asterix plus damages.To best understand how the case metamorphosed, let us go back to the facts. Ms. Jones is a holder in fee simple where she has all the rights towards the property. In the case at bar, she employed Thomson Thompson to manage the far in her absence. Unfortunately, Ms. Thompson found the certificate of title concealed in an old Tim Tam Indulgence tin and used the same to sell the land to Esther Asterix. Ms. Asterix paid the military rating on a walk-in-walk-out basis, which is valid under the Conveyancing Act 1919. At the time of the sale Ms. Asterix have no idea that Ms. Thompson was not really the true owner of the property, making her a purchaser in good faith2 under Section 29B of the Conveyancing Act 1919. Under this section, an instrument purporting to exercise a effective or equitable power of appointment over property, which, in