Answers Contact Points

This section looks at the conclusiveness of the respective registration systems, i.e. it seeks to ascertain those property rights that are not protected or guaranteed and are not visible to a potential purchaser or lender on inspection of the register.

1. Are all legal rights in property capable of registration in your system?
If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

2. To whom does responsibility for investigation of such rights apply?

3. What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system?
For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration.

4. Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

5. How does an aggrieved party remedy any boundary error?

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