COURT ORDERS AND CHANGES IN TITLES AND FOLIOS
The claims made in the section Harassment of Proprietors include the claim that some individuals may be
registered in a dysfunctional land register in such a way that others may unfairly
seek to harass that unfortunate proprietor so as to obtain a default on a home loan.
In some cases this harassment would appear to want to force a judgment against the proprietor.
This problem can occur by both accident and design. The crucial point to remember is that
the afflicted proprietor has little chance of ever rectifying this situation while the
majority of people agree that there is no problem with the registration processes.
I personally made the mistake of saying after I bought my property at Launceston, Tasmania, that
I thought I was connected in some way with the title to the large hydro easement and that a persons
unknown were trying to bankrupt me by harassing me through compliance sectors of various organizations
such as the hydro and telstra. I believed that any legal action against me would tend to determine
leases on the Hydro easement. ( A complex theory which I had developed from examining some titles in the area).
Obviously when someone says this sort of thing that person may be perceived as being both delusional and paranoid.
I was however not paranoid in any other way other than saying that
this situation was occurring.
While I had obtained enough evidence that the land tenure system in general was dysfunctional
I had no proof of any connection between myself and the hydro easement in question. However recently I
have had a court order for possession of my property at Launceston made in the Launceston Supreme Court.
This occurred as a result of a court action which I had taken against my mortgagee which will be documented in
another page.
The court order is shown in the following scan and you will note the date of the judgement as being
3rd February 1999.
I then went to the local Service Tasmania office to see if the situation regarding the easement had changed.
Suprisingly the folio number of the easement had changed as of that date.
This was probably only a coincidence. However at home I had the previous folio to the
hydro easement which was folio 123455/1. This folio was issued on 24/5/96.
I therefore proposed
that if there was any connection between myself and events in my life and the hydro easement then
the easement folio would have changed on the judgment date of a previous court order made against me.
I knew that judgement dates were available from the collection agency which had been involved in collecting
a judgment debt against me on behalf of the Circular Head council.
The date of the judgment is 24/5/96.
The rapid change of folio numbers after judgement is obtained is a source of concern as it could create an impression
of an abuse of legal processes as it could appear to suggest some involvement
of court officers in transferring information on the passing of judgments against debtors, to staff in the
Land Titles Office. In order to correct this impression, it is necessary for the Department of Justice to ensure
that land titling processes cannot possibly be influenced by court decisions.
For those who wish to investigate this matter, a way of proving this potential link between the fortunes of a proprietor and the changing of folio numbers on
titles to large easements could be to see if there was a correlation between the change in folio numbers in a particular
area and the dates civil matters were heard in the local courts. A close correlation would indicate that there
was some truth in this hypothesis.
The consequences of proving such a hypothesis would of course be extraordinary. It would indicate that much
of our common perceptions about social structures, social class and even the nature of crime and the law itself
would have to be evaluated as if a court order against an individual proprietor could result in a change in
folio number for a large area of land then it might be expected that some individuals might be
encouraged to default.
For people who may feel that they have been harassed or have experienced a lot of bad luck since they
bought a property should obtain a list of all judgements made against them. They should then look at
the land titles in the surrounding area. If there is a consistent revival of the one title number then they
should look at the issuing of new folios for that area of land. If the date of the issuing of new folio
numbers appears to co-incide with the dates of judgments obtained against you then you may have been
registered incorrectly against a large area of property and you may have been harassed.
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