I recently purchased a block of land in the country that seemed like a really cheap deal. I organised the title documents and met with who I thought was the registered proprietor to sign the transfer of title. I then took into the titles office to register. I've since had a phone call from the real registered proprietor's son who informs me that his father recently passed away, that he would never have sold the land for that price and that his brother must have forged the signature. I'm not sure whether the correct person signed or not and there might be no way to tell. What should I do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- You should always seek legal advice from a specialist property lawyer if you suspect that fraud has taken place.
- In normal circumstances if there were no fraud the principles of indefeasibility would apply.
- However there are exceptions to the indefeasibility principles with the most common one being fraud. In this situation it is essential that you contact a lawyer who can attempt to protect your interests.
- An experienced property lawyer can assist you in determining whether fraud has taken place and whether you have any right to the property.