LAW 603 Study Guide - Final Guide: Scotiabank, Unsecured Creditor, Manulife
Document Summary
Registration systems documents in the existence of interests in land. Land titles system generates certificates of title that virtually guarantee the validity of the interests that are listed. Indefeasibility the interests are included in a certificate of title cannot be defeated. Lawrence v wright (2007) case brief 16. 1 pg 392. 3 types of parties distinguished: original owner - -victimized by the rogue, intermediate owner deals directly with the rogue, deferred owner deals with intermediate owner creation of deferred indefeasibility dealing with mortgage fraud. Mortgage deem invalid, directed to seek compensation from the assurance fund. Prescription and adverse possession: land is used in a particular way without permissions for 20 years, claimed under old registry system, land and titles system doesn"t allow prescription because it frustrated the mirror and curtain principles. Public easements: right to use (cid:374)eigh(cid:271)ou(cid:396)(cid:859)s property, has to have dominant tenement and servient tenement. Unpaid creditors: writ of execution do(cid:272)u(cid:373)e(cid:374)t that allo(cid:449)s a (cid:272)ou(cid:396)t(cid:859)s judge(cid:373)e(cid:374)t to (cid:271)e e(cid:374)fo(cid:396)(cid:272)ed.