Chapter 4 Void deed

Question 1

Which of the following statements about the principle of indefeasibility is TRUE?

(1) Legal mortgages, but not equitable mortgages, are guaranteed by the principle of indefeasibility in British Columbia.
(2) The principle of indefeasibility provides that where a buyer deals with a registered chargeholder the buyer will acquire good title.
(3) In British Columbia there are a number of exceptions to the principle of indefeasibility.
(4) The principle of indefeasibility is consistent with the common law doctrine of the void deed.

Answer 1

3

Question 2

Which of the following is an example of a void deed at common law?

(1) a forged deed
(2) a deed signed in circumstances where the party signing can plead non est factum
(3) a deed given for illegal consideration
(4) all of the above are examples of void deeds

Answer 2

4

Question 3

Which one of the following was NOT considered a void deed at common law?

(1) a deed executed by a limited company
(2) a forged deed
(3) a deed given for illegal consideration
(4) a deed signed in circumstances where the party could plead non est factum

Answer 3

1

Question 4

There are three common types of void deeds. Which one is considered NOT to be a void deed?

(1) an unregistered deed
(2) a forged deed
(3) a deed given for illegal consideration

Answer 4

1

Question 5

Which of the following statements concerning the common law doctrine of the void deed is FALSE?

A. A rightful owner of land whose title deed was “transferred” by a void deed could recover his title if he began his court action within the 20 year limitation period and he proved to a court that he was, in fact, the rightful owner.
B. A current fee simple “owner” under a void deed had no remedy other than to seek compensation from the government and the forger from whom he bought the land, if he lost his land title to its rightful owner.
C. A deed given in exchange for illegal consideration is not a void deed.
D. There was no certainty of title for a buyer of land until the 20 year limitation period for lawsuits to recover a land title transferred by a void deed had expired.

(1) A, B, C and D
(2) Only B and C
(3) Only B, C and D
(4) None of the above are false.

Answer 5

2

Question 6

Which of the following is NOT a component of the British Columbia land title registration system?

(1) the assurance principle
(2) the doctrine of the void deed
(3) abolition of the doctrine of notice
(4) indefeasibility of registered fee simple titles

Answer 6

2

Question 7

Which of the following is NOT one of the four basic principles of the BC title registration system?

(1) indefeasibility
(2) the doctrine of the void deed
(3) the registration requirement
(4) the abolition of notice

Answer 7

2

Question 8

Which of the following statements concerning the common law doctrine of the void deed is TRUE?

1. a void deed would call all subsequent transfers of the land to be of no effect, even if made in good faith and for value
2. A current fee simple “owner” under a void deed had no remedy other than to seek compensation from the government and the forger from whom he bought the land, if he lost his land title to its rightful owner.
3. A deed given in exchange for illegal consideration is not a void deed.
4. a current fee smiple “owner” under a void deed could not have certainty of title after holding the property for 25 years

Answer 8

1