LAW 703 Chapter Notes - Chapter 14: Bona Fide Purchaser, Fide, Canadian Imperial Bank Of Commerce
LAW703 – Chapter 14
Land Titles Act and Mortgage Fraud
Three principles of the Land Titles System:
1. Mirror Principle – register is perfect mirror of the state of title
2. Curtain Principle – purchaser need not investigate into the history of the title
3. Insurance Principle – state guarantees accuracy of register and compensates any person
who suffers loss as a result of inaccuracy.
[ Case – Durrani V. Augier, Page 828]
These principles form the Doctrine of Indefeasibility – immunity from attack by adverse claim
to the land or interest. [ Page 829]
Erosions of the Mirror Principle:
1. Actual Notice
2. Qualification to title S. 44(1) of LTA
3. Fraud
Qualifications to title – S. 44(1) of LTA
S. 44(1) – Liability of registered land to easements and certain other rights [Page 830]
Three Kinds of Title:
Absolute Title
Converted Qualified
Absolute Plus
Absolute Title - LTAT [Page 831]
Transfer of land from crown
1st application from registry into Land Titles system
Subject to S.44(1) exceptions
S. 51 – Land Titles Act
No adverse possession claims – arises where a trespasser without objection excludes
the true owner from her land for a continuous 10-year period without interruption
No prescriptive easement – a person without permission uses another person’s land for
a continuous period of 20 years and the real owner acquiesces to the use.
S.44(6) – Land Titles Act: Writ of Execution – Court Order [ Page 831]
Must be registered
Lien
Can be sold
NB: Adverse Possession and Prescriptive Easements apply to Registry properties.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Three principles of the land titles system: mirror principle register is perfect mirror of the state of title, curtain principle purchaser need not investigate into the history of the title. Insurance principle state guarantees accuracy of register and compensates any person who suffers loss as a result of inaccuracy. [ case durrani v. augier, page 828] These principles form the doctrine of indefeasibility immunity from attack by adverse claim to the land or interest. Erosions of the mirror principle: actual notice, qualification to title s. 44(1) of lta, fraud. Qualifications to title s. 44(1) of lta: 44(1) liability of registered land to easements and certain other rights [page 830] 1st application from registry into land titles system. Subject to s. 44(1) exceptions: 51 land titles act. No adverse possession claims arises where a trespasser without objection excludes the true owner from her land for a continuous 10-year period without interruption.
