Chirnside v Registrar of Titles [1921] VLR 406

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Facts
  • The P requested a separate title of land in respect to the minerals in the land beneath a depth of 50ft.
  • The transferor wanted to hold onto it for themselves but sell the land.
  • The registrar said no such title should be provided because the torrens system only provided for registration of land titles – minerals could not  be severed from the land as separate titles and if they were, they weren’t land anyway.
Held
  • However court found that the definition was sufficient to be land as the definition was very broad.
  • S3 of the SA Real Property Act is broad too.

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