Chapter 4 torrens Flashcards
Which of the following is NOT an exception to the principle of indefeasibility under the B.C. Torrens system of land registration?
(1) A reservation contained in the original Crown grant.
(2) A lease for a period of eighteen months where the tenant is in occupation.
(3) The right of any person to show fraud, by which the registered owner derived his or her title otherwise than bona fide for value.
(4) An existing unregistered interest which will expire in five years.
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Which of the following statements about the B.C. Torrens system are FALSE?
A. Trustees are shown on title as the registered owners of an estate or interest in land with no indication of the existence of the trust and beneficiaries are protected only by a caveat registered on title.
B. A charge registered on title is indefeasible.
C. Registered documents must be in the form prescribed by statute law to be enforceable between the parties.
D. A caveat will automatically lapse two months after it is registered on title.
(1) A, B and C are false.
(2) A and C are false.
(3) A, C and D are false.
(4) B and D are false.
1
(a caveat WILL lapse 2 month after it is registered on title
The principle of indefeasibility under the Torrens system means:
(1) that a fee simple purchaser, in good faith, is not required to investigate how the owner got his title.
(2) that no notice of trusts may appear on the title.
(3) an applicant for registration does not need to give prior notice to the registrar.
(4) a purchaser has deemed knowledge of all unregistered interests.
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In British Columbia under the Torrens System of land registration, if property is registered in favour of a trustee, this is shown by:
(1) registering a caveat against the title.
(2) registering a lis pendens against the title.
(3) a notation of trust on the title.
(4) none of the above procedures.
3
Which of the following statements about the common law doctrine of notice is FALSE?
(1) This doctrine holds a buyer to have notice of all reasonably discoverable interests affecting a property.
(2) This doctrine is the basis of the BC Torrens system.
(3) Subject to certain exceptions, the Land Title Act has abolished the doctrine of notice in British Columbia.
(4) The doctrine of notice conflicts with the Torrens principle of conclusiveness of the register.
2
Which of the following is NOT an exception to the principle of indefeasibility under the BC Torrens system of land registration?
(1) a lien for unpaid provincial taxes
(2) a public right-of-way in favour of BC Hydro and Power Authority
(3) a registered mortgage where the registered mortgagee effected registration by fraud
(4) a registered claim of builder’s lien
3
Which of the following is NOT an exception to the principle of indefeasibility under the BC Torrens system of land registration?
(1) a lien for unpaid provincial taxes
(2) a public right-of-way in favour of BC Hydro and Power Authority
(3) a registered fee simple acquired bona fide for value without knowledge of an earlier fraudulent dealing in the fee simple title.
(4) a right of expropriation under a BC statute
3
which of the following is TRUE under the Torrens system in British Columbia?
- a person whos fee simple title was transferred by a void deed can always recover the title upon providing that they were the rightful owner
- the indefeasibility principle expresses the fundamental tenet that one can not give what one does not have
- a void deed has no legal effect and is not capable of transfering any title in the land from the vendor to the purchaser
- registered fee simple owners enjoy the guarantee of indefeasibility but registered charge holders do not
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