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

Property law exam questions - Essay Example Garcia and other persons or entities that may later on claims interest on the property. By virtue of its nature, an annotation on the Torrens Title 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 executed over the couple’s 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 based on the argument of prior right over the property and the fact that it was sold without her consent and authority. She can file a case against Ms. Thompson for fraud and recovery of property. Since Ms. Esther Asterix have 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 the expense 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 valuation 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, â€Å"an instrument purporting to exercise a legal or equitable power of appointment over property, which, in