CH.4 Title Registration

Question 1

Explain Void Deeds

Answer 1

• Not capable of transferring any title in land
  3 Common law Void Deeds are…
  1. Forged Deed ( Fraud, Forgery must be proven)
  2. Deed given in exchange for a illegal act or thing
  3. Deed signed in circumstances where party can plead non est factum (That is not my deed)

Question 2

What are the main objects of the Torrens System of Land Registration

Answer 2

1. Provide security in the holding of interests in real property
2. Remove need for looking back through old title documents

Question 3

Explain Indefeasibility Principal

Answer 3

• Title of innocent purchaser who purchased for valuable consideration from registered owner cannot be annulled.
• Purchaser can keep interest in land even if registered owner acquired title by forgery

NOTE: Person acquiring interest in land by fraud, is not protected by this principal

Question 4

True or False. Indefeasibility Does Not Extend to Charges

Answer 4

TRUE

Question 5

Explain Abolition of Notice

Answer 5

• You do not have to search back through deeds anymore
• Purchaser only concerned with interests contained on register

NOTE: Subject to exception of fraud

Question 6

What is the Purpose of the Assurance Principle?

Answer 6

• Compensate people who lost rights to land by dishonest means

Question 7

What Must be Proven to Qualify for Compensation From the Fund?

Answer 7

1. Claimant lost interest or estate in land
2. Claimant cannot recover it by court action
3. If LTA had not been passed, claimant would have recovered interest at common law by court action

Question 8

Explain Notion of Trusts

Answer 8

In some cases, a person hold property “in trust” for benefit of another…
- Person holding property known as “Trustee”
- N.O.T made on title
- Trust Document filed in LTO

EG: Infant cannot hold own/transfer property, so adult hold it in trust. ( Adult is the “Trustee” Infant= “Beneficiary”)

Question 9

Explain Form of Documents

Answer 9

• There is a prescribed form for most transaction types
• Other forms only used with permission of Registrar

Question 10

Explain Caveat

Answer 10

• Placed on title by person claiming to have interest in that land
• Hinders any dealing with the land that is against that of Caveator
  -Lapses after 2 months if not renewed

Question 11

Explain Judgement

Answer 11

• May be registered against persons interest in property
• Or, against charge in favor of judgement debtor
• Expires after 2 years, if not renewed before expiry date

Question 12

Explain Manufactured (M.F) Homes

Answer 12

• Ownership and transfer of M.F Homes is registered in Manufactured Home Registry
• M.F Home act effective since April 1, 1978
• To establish central reg. of M.F homes