n Tydskrif vir die Suid-Afrikaanse Reg - From Waurn Ponds : registration of title or title by registration? : regspraak




This decision dealt with a so-called double sale of land by a fraudulent owner that culminated in a prior-in-time registration in the deeds office in favour of the second purchaser and subsequent registration in favour of the first purchaser. Both purchasers were unaware of the fraud perpetrated by the seller and obtained title deeds to the same property. The court granted priority to the first registered owner on the strength of the to the exclusion of the second registered owner. This decision will be discussed with reference to the operation of the equivalent priority rule in Australia and more specifically the state of Victoria. The classification of the South African land registration system is briefly revisited and compared with the classification of the Torrens system as a system of title by registration. This feature or classification of the Torrens system seems novel to South African law.


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