Chapter 1.4: Title Registration Flashcards
_____ is any document under seal (conveyance of real estate)
Deed
The _______________ doctrine conflicts with the torrens system
Common law doctrine
They’re opposites
The __________________ has abolished the common law doctrine in BC
Land title act
The common law doctrine is not the basics of the _________________
BC torrens system
They’re like opposites remember
The _______ is responsible to discover all interests affecting property
Purchaser
___________: a deed that looks valid but has no legal effect
Void deed
A void deed cannot transfer any ____________________
Title in the land
Non-est factum is Latin, meaning roughly what
I didn’t know what I was signing
A void deed can also be known as
1) forged
2) illegal
3) non-est factum
Under common law, your land was not secure for __________
20 years
Under a void deed, the right owner could recover his land by proving he is the right owner. What system was this rule under?
Common law
Old school system
To be protected under the Torren’s system of land registration, what 3 things must you do
1) must be a good faith purchaser
2) must have paid fair market value for the house
3) must have registered their title (name) in the Land Title Office
Indefensible is a protective word for
Purchaser / owner
Indefensible basically means
Interest in land (title in property) cannot be made void or cancelled by any past event, error or omission in the title
Indefensibility Principle
Purchaser, in good faith, named on title, will be entitled to that fee simple interest
_____________ does NOT extend to charges
Indefeasibility
Charge is not indefeasible
Only _____ is guaranteed under the act, no charges
Title
If charges are not allowed to be claimed under indefeasibility, what does this mean?
A charge is considered a mortgage, so indefeasibility does not protect any banks or mortgage providers
Effect of registration
_______ to Land does not pass until it’s registered
Title
Effect of registration
Delivery of a deed only transfers a right to apply for ___________
Registration
Abolition of Notice
A purchaser only needs to be concerned with those interests contained on the __________
Register
Abolition of Notice
Does not protect purchaser who participates in _______
Fraud
The _________________ is intended to compensate parties
Assurance principle
The Assurance principle is intended to compensate parties who;
1) lost interest in land
2) as a result of the Principle of indefeasibility (meaning of the land title act had not been passed they could have reclaimed their land)
3) and cannot recover their lost interest by court action
There are multiple exceptions to the principle of indefeasibility, name some:
1) reservations in crown grants
2) taxes (unpaid taxes)
3) leases where tenant has lived for 3 years or less
4) fee simple obtained by fraud
5) a public right of way in favour of BC hydro and power authority
6) municipal charges
7) highways and easements
8) expropriations, escheats
9) caveat, builders lien
10) incorrect boundaries
