- Title
- Old meets new: the rule in Shropshire's case and the Torrens system
- Creator
- Anderson, Glen
- Relation
- Property Law Review Vol. 4, Issue 2, p. 95-114
- Relation
- http://legal.thomsonreuters.com.au/property-law-review-online/productdetail/106238
- Publisher
- Thomson Reuters (Professional ) Australia
- Resource Type
- journal article
- Date
- 2014
- Description
- The following article investigates the judicially untested question of how priorities between competing equitable interests in Torrens land might be resolved where the first in time is a trust beneficiary. This investigation involves consideration of how English cases articulating a special priority rule for beneficiaries might interface with the Torrens system and the law of caveats. On the one hand, it could be argued that the rule in Shropshire's case indicates that a beneficiary of Torrens land will automatically enjoy priority, regardless of whether they have lodged a caveat. Alternatively, it might be argued that a beneficiary's failure to lodge a caveat may amount to postponing conduct, thereby potentially negating application of the rule in Shropshire's case. The article concludes that a flexible and nuanced approach is necessary when weighing competing equitable interests, and that a first equitable interest holder's failure to lodge a caveat will not lead to automatic postponement. Furthermore, it is argued that the zealousness with which equity regulates trust relationships indicates that the rule in Shropshire's case would be applied despite a beneficiary's failure to lodge a caveat.
- Subject
- Torrens land; Torrens system; beneficiaries; Shropshire's case
- Identifier
- http://hdl.handle.net/1959.13/1329453
- Identifier
- uon:26166
- Identifier
- ISSN:1838-3858
- Language
- eng
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