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The Surveyor Volume 11-12

The Surveyor Volume 11-12


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...A certificate of title is an indefeasible title to the specific portion of land described therein, but it by no means follows that it is identical with that defined upon the ground, nor with that by which the owner claims and probably occupies. I will give an illustration. A portion of land is fenced, and is supposed to be Jones' grant. The owner applies to bring it under the provisions of the Act, and has it surveyed and a plan prepared to accompany the application. In due course the certificate issues, giving an indefeasible title to Jones' grant. If it b: .subsequently found, and it is so found frequently, that a portion of Smith's grant is included within the fences, then the owner of that grant can compel the owner of Jones' grant to have his certificate so amended as to exclude every portion of Smith's grant. It is the popular belief that the certificate would embrace all the land within the fences but such belief is only a snare and a delusion. Imagine the owner of Jones' grant erecting houses or effecting other improvements on Smith's grant, believing he had a Torrens' title to it, and the owner of that grant subsequently claiming them! This kind of thing has happened and been found out, probably it has happened and not been found out, and it is a certainty it will happen in the future, if certificates of title are issued in their present form. From the initiation of the Act to the present time all litigation and disputes, and all amendments and cancellations of certificates, have arisen from survey, and not from legal causes. Until probably 20 years ago many surveys upon which certificates of title were issued were grossly inaccurate, and not complete in information, while in other instances certificates were issued without a survey. But it must be ..


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Product Details
  • ISBN-13: 9781130320824
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1130320820
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 476 gr

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