South Australian Consolidated Acts South Australian Consolidated Acts69—Title of registered proprietor indefeasible, except in cases
of—
The title of every registered proprietor of land shall, subject to such
encumbrances, liens, estates, or interests as may be notified on the original
certificate of such land, be absolute and indefeasible, subject only to the
following qualifications:
(a)
Fraud
in the case of fraud, in which case any person defrauded shall have all rights
and remedies that he would have had if the land were not under the provisions
of this Act: Provided that nothing included in this subsection shall affect
the title of a registered proprietor who has taken bona fide for valuable
consideration, or any person bona fide claiming through or under him;
(b)
Forgery or disability
in the case of a certificate or other instrument of title obtained by forgery
or by means of an insufficient power of attorney or from a person under some
legal disability, in which case the certificate or other instrument of title
shall be void: Provided that the title a registered proprietor who has taken
bona fide for valuable consideration shall not be affected by reason that a
certificate other instrument of title was obtained by any person through whom
he claims title from a person under disability, or by any of the means
aforesaid;
(c)
Erroneous inclusion of land
where any portion of land has been erroneously included, by wrong description
of parcels or boundaries, in the certificate or other instrument evidencing
the title of the registered proprietor: In which case the rights of the person
who but for such error would be entitled to such land shall prevail, except as
against a registered proprietor taking such land bona fide for valuable
consideration, or any person bona fide claiming through or under him;
(d)
Omission of easement
where a right-of-way or other easement not barred or avoided by the provisions
of the Rights-of-Way Act 1881 , or of this Act, has been omitted or
mis-described in any certificate, or other instrument of title: In which case
such right-of-way or other easement shall prevail, but subject to the
provisions of the said Rights-of-Way Act 1881 and of this Act;
(e)
Several certificates for the same land
where two or more certificates shall be registered under any of the Real
Property Acts in respect of the same land: In which case the title originally
first in date of registration shall prevail but without prejudice to the
effect of anything done under Part 19A of this Act;
(f)
Certificate to be void if any person is in possession and rightfully entitled
adversely to the first registered proprietor
any certificate issued upon the first bringing of land under the provisions of
any of the Real Property Acts, and every certificate issued in respect of the
said land, or any part thereof, to any person claiming or deriving title under
or through the first registered proprietor, shall be void, as against the
title of any person adversely in actual occupation of, and rightfully entitled
to, such land, or any part thereof at the time when such land was so brought
under the provisions of the said Acts, and continuing in such occupation at
the time of any subsequent certificate being issued in respect of the said
land;
(g)
Wife's title to prevail
where a husband shall have been wrongly registered as co-proprietor of land
belonging to his wife for her separate use or as her separate property, in
which case the title of the wife shall prevail except as against a registered
proprietor taking such land bona fide for valuable consideration, or any
person bona fide claiming through or under him;
(h) A
lease or letting for not more than a year
where at the time when the proprietor becomes registered a tenant shall be in
actual possession of the land under an unregistered lease or an agreement for
a lease or for letting for a term not exceeding one year: In which case the
title of the tenant under such lease or agreement shall prevail;
(i)
Non-payment of succession duty
where the succession duty payable in respect of the land has not been paid,
and the certificate required by section 63 of the Succession Duties
Act 1929 has not been obtained: In which case any charge by law imposed
on the land in respect of such duty shall remain in force.