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3.1.1 The Doctrine of Notice – Introduction

Welcome to the first lesson of the third topic in this module guide – Unregistered Land and the Doctrine of Notice! Unregistered land is becoming more and more of a defunct concept, however, in the rare instances that it does come up, it presents a series of very different issues than registered land. The rights that are given as part of unregistered land and the doctrine of notice, form key elements of understanding any scenario involving it.

At the end of this section, you should be comfortable understanding unregistered land as a concept and how the doctrine of notice operates. This chapter begins by outlining what unregistered land is and how those in possession of it can protect their rights. The chapter then moves on to a discussion of the specific rights someone in possession of unregistered land can have and how they can be protected, building on the introduction. The doctrine of notice within this context is then discussed, before the advantages and disadvantages of unregistered land are laid out. Finally, the issue of adverse possession or “squatters’ rights” is discussed.

Goals for this section:

  • To understand what unregistered land is
  • To understand the rights available and those that are still governed by the doctrine of notice

Objectives for this section:

  • To understand what a “good root of title” is as to taking ownership of unregistered land
  • To be able to differentiate between registered and unregistered land, particularly where title is concerned
  • To understand the different types of rights in relation to unregistered land
  • To be able to understand and apply the doctrine of notice
  • To be able to discuss the advantages and disadvantages of unregistered land
  • To understand how adverse possession works

Start the Lecture

We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):

Summary Notes Standard Lecture Detailed Lecture

Problem Questions

Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below:

Hands on Examples