In WA, what is the legal effect of an unregistered equitable interest when a bona fide purchaser for value registers their transfer at Landgate?
Correct Answer
C) The registered interest prevails and the equitable interest is defeated
Under the Torrens system in WA, a bona fide purchaser for value who registers their interest at Landgate obtains indefeasible title that prevails over prior unregistered equitable interests (unless an exception applies, such as fraud). This is a fundamental principle of the Torrens system.
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