Chapter 10 – Title Registration in Saskatchewan Flashcards
Alysha owns a property. Barbara forges a deed to transfer property to herself. Barbara then sells the property to Cynthia, who honestly believes that Barbara was the true owner. Finally, Cynthia sells the property to Deborah.
Is the following statement TRUE OR FALSE?
At common law, Alysha can recover title to her property from Deborah, and Deborah can sue Barbara for the fraud.
FALSE. Alysha could recover her property from Deborah as the rightful owner. Since the transfer to Barbara was void, all subsequent transfers would also be void at common law. However, Deborah would be required to sue Cynthia. Cynthia, in turn, would be required to sue Barbara.
What priority does a builders lien have compared to other interests?
A builders lien takes priority over all mortgages, judgements, executions, attachments, garnishments, receiving orders, conveyances, and other agreements made after the lien is registered.
The ____________ land registration system was developed to provide security to those holding interests in land.
Torrens
Is the following statement TRUE OR FALSE?
A plaintiff can validly file a certificate of pending litigation (CPL) against a property once they have filed a lawsuit to recover money from the owner of that property.
FALSE. A CPL is only valid if the lawsuit brings into question the title or interest in land into question. A CPL is not valid if it only relates to the recovery of money that may be payable or chargeable to the land or interest in question.
Describe the “curtain” principle.
Under the Torrens system, the title document acts like a curtain - purchasers do not need to review previous transfers of property “behind the curtain” to ensure that there is no break in the chain of title. They can rely on the title document to reflect all interests in land, subject to narrow exceptions to protect victims of fraud and bad faith. This is in contrast to the common law, where if a transfer of property is invalid, this breaks the chain of title. After such a break, all subsequent property transfers are also invalid.
Anthony grants a mortgage to City Bank on March 1. On March 15, Anthony grants a subsequent mortgage to Larry Lending. Larry Lending registers its mortgage on March 16. City Bank registers is mortgage on March 20. Which mortgage has first priority at common law?
City Bank’s mortgage has first priority because it was granted first.
Anthony grants a mortgage to City Bank on March 1. On March 15, Anthony grants a subsequent mortgage to Larry Lending. Larry Lending registers its mortgage on March 16. City Bank registers its mortgage on March 20. Under the Torrens system, which mortgage has first priority?
Larry Lending’s mortgage has first priority because it was registered first.
TRUE or FALSE? Under the Saskatchewan Torrens system, there are some exceptions to indefeasibility, such as when a registered owner has participated in fraud.
TRUE
A notice of a pending court action registered against title to property is known as a __________.
certificate of pending litigation
What is the indefeasibility principle?
The indefeasibility principle means that if a person is named on a title as the owner of the fee simple estate in land, then that is conclusive proof that he or she is entitled to that fee simple estate.
Alysha owns a property. Barbara forges a deed to transfer property to herself. Barbara then sells the property to Cynthia, who honestly believes that Barbara was the true owner. Finally, Cynthia sells the property to Deborah.
Is the following statement TRUE OR FALSE?
At common law, Alysha can recover title to her property from Deborah.
TRUE. Since the transfer to Barbara was void, all subsequent transfers would also be void at common law. Alysha can therefore recover her property from Deborah, as the rightful owner.
__________ refers to every ownership share recorded in a virtual register that exists for each parcel of land.
Title
What are the two basic registry systems for First Nations lands that have not been the subject of a modern treaty?
The Indian Land Registry System (ILRS) and the First Nations Land Registry System (FNLRS).
Alysha owns a property. Barbara forges a deed to transfer property to herself. Barbara then sells the property to Cynthia, who honestly believes that Barbara was the true owner. Finally, Cynthia sells the property to Deborah.
Is the following statement TRUE OR FALSE?
At common law, Alysha can recover title to her property from Deborah, and Deborah can sue Barbara for the fraud.
FALSE. Alysha could recover her property from Deborah as the rightful owner. Since the transfer to Barbara was void, all subsequent transfers would also be void at common law. However, Deborah would be required to sue Cynthia. Cynthia, in turn, would be required to sue Barbara.
A __________ is a document used to transfer an interest in land from one party to another.
deed
