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Words: | Submitted: Mon Jun 19 2006
... should only be overriding where it is unjust to expect them to be protected in the register. In order for this to occur there are a various number of proposals in place, the first is to define the categories of overriding interests more narrowly (this is in relation to the three of most important categories of interest, leases, actual occupation, and easements). The next provision made by the LRA 2002 is to exclude some expressly created interests from overriding status; thirdly the LRA 2002 hopes to strengthen mechanisms to ensure that overriding interests are protected in the register if they are capable of doing so. The fourth and final proposal is that the act intends to phase out five of the interests after a 10 year period of the act being in force (these are the above mentioned ambiguous interests mentioned above). These proposals reflect that the LRA 2002 seeks ...
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