+1 862 207 3288 caveat scheme
“The caveat scheme under the Transfer of Land Act 1893 (WA), was designed to protect unregistered claims in land registered under the Act. Judging by the courts’ interpretation of s 137(1), TLA, the scope of the claims that may give rise to a right to lodge a caveat appear to be limited. Moreover, the caveat scheme does not provide adequate protection to caveators. There is room for reform to make the scheme more effective,” (per Mal, a past law student). Do you agree? Discuss with reference to the provisions of the Transfer of Land Act 1893 (WA) and decided cases, especially, but not necessarily exclusively, Western Australian cases. Your discussion should include underlying policy consideration and suggestion for reform, if any.
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