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Throughout the annals of history, ONEA defraud his fellow human being was a social event that has been ongoing since the day after Adam and Eve decided to take a snack on the famous apple against the will of Goda, and were subsequently fired – quite unceremoniously one might add – the Garden of Eden.

At common law, a land title evidencing  "ownership" has been proved by the production All deeds and other documentation related to a particular piece of property. Landowners to prove their ownership of a field in particular all the way back to the first grant of land by the Crown to its first owner. Documents relating to transactions with the land were collectively known as "title deeds" or "chain of title." The gift of the Crown could occur Hundreds of years ago and could be intervened by dozens of changes in land ownership. The ownership of land could be challenged, potentially causing great legal fees for landowners and hindering development. Each new owner must ensure that the chain of title was valid and could be canceled in one of the already taken place. Clearly, This system means that fraud could occur, or at least error. It was also easier for documents to be lost, destroyed or lost.

In a number of courts of law, therefore, a system of registration of the act has been introduced in an attempt solve problems in the old system. Under the registration system, documents should be recorded in a registry office Local. This system, however, was not only a record keeping. Land title is dependent on whether the acts themselves were valid. A vacuum act remains void even if it was registered.

One way to eliminate problems in recording the document was adopt a system in which the current land title was registered, and not only documents relating to the title. Such a system has been introduced in South Australia in 1858, following the approach of Sir Robert Richard Torrens (1814 Â-1884). Torrens is an Australian politician and one of the premiers earlier of South Australia. It had been a customs officer, and believed that the same registration system that had been applied successfully ship ownership may in fact be applied to land ownership.

The main objective Torrens System of title registration to secure the holding of interests in real estate, and delete the need to look back, sometimes for hundreds of years, through the old title documents. This is achieved by a "Guaranteeing" registered title of innocent buyers who pay for the property. The title of these buyers may be attacked by people claiming to have an interest competitor. This guarantees the integrity of the title constitutes the basis of a "title IndefeasibilityÂ", a principle followed today by all Torrens competence and non-Torrens, like that which prevails in the United States.

Indefeasible, therefore, is a legal principle providing the register as conclusive proof that the person named on the title holding interest in land is, indeed, legitimately It follows, therefore, that a purchaser may rely entirely on what is displayed in the registry of titles, since Â'what you see is what you geta. This means also that the title of a Purchaser may be valid even if there are defects in a saddled recorded the deed. To that extent, indefectibility overturns the doctrine of the Void Act.

The doctrine of the Act Void states that the deed was void and unable to transfer a land title, if any of the circumstances following the entry into force:

[] The act is wrong;

[] The act is given in exchange for an illegal act or thing;

[] The act was signed in cases where the granting party may plead non est factum (Latin for Â'that not my Acta). A plea of non est factum is available where the act is signed by a person who is unaware of what he signed.

But under the principle of the limitations as a purchaser in good faith can not be set aside, even by claims of a previous owner. This is because the Register of Titles, is conclusive proof of legitimate ownership Purchaser of land. The only exception to this rule if the registered holder of the title itself committed a fraud against the previous title holder, in which case its title may be contested.

Therefore, limitations is the principle which ensures that the vendor, as the defending champion recorded is conclusive beneficial ownership interest in land that is bought and sold.

Luigi Frascati

Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He holds a Bachelor Degree in Economics and maintains a weblog entitled the Real Estate Chronicle at http://wwwrealestatechronicle.blogspot.com where you can find the full collection of his articles. Luigi is associated with the Sutton Group, the largest real estate organization in Canada, and is based with Sutton-Centre Realty in Burnaby, BC.

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