Caveatable Interests: The Common Lore Distinguished

Abstract

This paper argues for the removal of heresy in the interpretation of caveatable interests under the Western Australian Torrens System. Simply, the determination of a caveatable interest should be more flexible, incorporating equitable rules. The Author presents two reasons for the establishment of such heresy: (1) misconceptions concerning the nature of a Torrens system; (2) the buildup of a body of judicial authority under this misconception. There is a review of the relevant statutory sections and their corresponding judicial pronouncement. Cases from other jurisdictions with Torrens Systems are also examined.

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