Some Principles Of The Real Property Land Titles Acts Of Western Canada

Author : Harold Spencer
Publisher : Forgotten Books
ISBN 13 : 9780282090951
Total Pages : 234 pages
Book Rating : 4.0/5 (99 download)

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Download or read book Some Principles of the Real Property (Land Titles) Acts of Western Canada (Classic Reprint) written by Harold Spencer and published by Forgotten Books. This book was released on 2017-05-26 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Some Principles of the Real Property (Land Titles) Acts of Western Canada Some time ago the author wrote out a criticism of a decision on the Acts and submitted it to a friend for his Opinion whether it was worth sending to one of the law magazines for publication. The Opinion received was that the article was too good for the purpose contemplated and was accompanied by a recommendation to attempt a book along the lines followed in the article. Hence these pages. One of the few cases containing any general enunciation of the principles underlying the Torrens Acts is Gibbs V. Messer, A. C. The 'case describes the main object of those Acts as being the limitation of examination of title to a single document, the registered owner's certificate of title. This statement can be developed and added to. It is with the same intention of confining the investigations of purchasers and the like to one document that a certificate of title is made conclusive evidence of a registered owner's estate or interest in his property and an unregistered instrument is rendered incapable of passing any estate or interest in land as against a purchaser or the like transacting with a registered owner in reliance on his certificate of title - the register even though actual notice of the instrument may have been received; unless to ignore the existence of the instrument would be tantamount to fraud. In short, the fundamental principle of the Acts is that everybody dealing with a regis tered owner of land is released from all Obligation to go behind the owner's certificate of title in order to test its validity or to go outside of the certificate in order to ascertain who, besides the registered owner, are interested in the pro perty and the nature and extent of the interests held. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.