The in personam exception to indefeasibility: unregistered legal interests and 'personal equities' in the Torrens system

The in personam exception to indefeasibility refers to the right a plaintiff has to bring a claim, founded in law or equity, against a registered proprietor personally. As most in personam actions are founded in equity, the exception is sometimes referred to as the ‘personal equities’ exception, unfortunately obscuring the legal basis of some claims. The recent case of McGrath v. Campbell, concerning a Wheeldon v. Burrows easement implied by the common law, is a good illustration of the distinction between the two kinds of claims within the Torrens system.