Mere knowledge of an unregistered interest, even where the interest is attached to a Vendor's Statement forming part of the contract of sale, is insufficient to constitute fraud under ss 42 and 43 of the Transfer of Land Act 1958 (Vic) or to found an in personam equitable claim against a registered proprietor. The fraud exception requires evidence that the purchaser agreed, acknowledged, or undertook to be bound by the unregistered interest as the foundation or assumption underlying the transfer. Attachment of terms of settlement to a Vendor's Statement does not constitute an agreement to be bound where the terms are not included within the contractual definition of 'documents concerning title'.
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