1 / 8

B.C TORRENS SYSTEM

B.C TORRENS SYSTEM. Presented by George E.H. Cadman, QC Boughton Law Corporation April 9, 2011 Society of Notaries Public 2011 Spring Conference . Outline. Historical Perspective The Fundamental Principles What the Statute says The “Exceptions” The 2005 Amendments. Historical Perspective.

dotty
Download Presentation

B.C TORRENS SYSTEM

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. B.C TORRENS SYSTEM Presented by George E.H. Cadman, QCBoughton Law CorporationApril 9, 2011 Society of Notaries Public 2011 Spring Conference

  2. Outline • Historical Perspective • The Fundamental Principles • What the Statute says • The “Exceptions” • The 2005 Amendments

  3. Historical Perspective • Sir Robert Torrens (1814-1884) • replaced Common Law system for transfer of land • 1858: Real Property Act (S.A.) • 1860: Land Registry Act (Van. Island) • 1870: Land Registry Ordinance (B.C)

  4. Fundamental Principles • “Mirror” Principle • “Curtain” Principle • “Insurance” Principle

  5. Land Title Act (Part 3) • “Mirror” Principle • Section 20 • Section 22 • Section 23(2) • No “adverse possession” • Section 23(3) & (4) • Section 24 • “Curtain” Principle • Section 29(2) • Section 27 • Section 28

  6. The “Fraud” Exception • Section 29(2) “Except in the case of fraud in which he or she has participated … • BCLI Consultation Paper (2009) • “notice” – two theories • registration with actual notice of an unregistered interest = fraud • fraud = dishonesty + registration with actual notice • Lee v. Ling (2008) 74 BCLR (4th) 32 (C.A.)

  7. The 2005 Amendments • “Deferred Indefeasibility” • Gibbs v. Messer [1891] AC 248 (P.C.) • Prof. Bob Reid in the Scrivener V.15, No. 1 (Spring 2006) • Land Title Act, Sec. 25.1 • Land Title Act, Sec. 26 • Gill v. Buchholz 2009 BCCA 137 • related issue of “good safe-holding and marketable title” • Smith v. Graham 2009 BCCA 192 • In Re Oehlerking 2009 BCCA 138 and Sec. 26

  8. Summary • The role of the Assurance Fund • Section 296(3) • Gill @ para. 27 • Torrens would have some questions

More Related