This report recommends that section 195 of the Land Titles Act be amended so that purchasers may rely on the Land Titles Office register. The amended section should make it clear that actual or constructive notice of an off-register interest does not affect a non-fraudulent purchaser who acquires an interest from the registered or caveated owner of the interest. This report contains a draft of an amended section 195. Section 195 protects the purchaser against finding that an off-register interest comes ahead of the purchaser. In White Resource Management v Durish, the trial judge held that section 195 did not protect a person who acquired an interest that was protected by caveat. Purchasers from registered and caveated owners have assumed that the Land Titles Act protects them against finding that off-register interests have priority over the interests they acquire. If section 195 does not apply to such transactions, the legitimate expectations of purchasers will not be met, future purchasers will have to make extensive, expensive, time-consuming investigations to protect themselves, and the purpose of the Land Titles Act which is to make dealings in land quick, easy, safe and cheap, will be defeated. The amended section should make it clear that actual or constructive notice of an off register interest does not affect a non-fraudulent purchaser who acquires an interest from the registered or caveated owner of the interest.
Final Report
Back to Publication SearchSection 195 of the Land Titles Act, Final Report 63
Resource Details
Publication No: | 63 |
FORMAT: | Publications |
TAGS: | Torrens, certificate, interest, Land, owner, Property, real, registration, title |
FILE: | fr063.pdf |