Sarah purchases a property and later discovers an unregistered easement that affects her land use. Under the Torrens system principle of indefeasibility, what is her legal position?
Correct Answer
B) She takes the property free from the unregistered easement
Under the Torrens system's principle of indefeasibility, a registered proprietor takes title free from unregistered interests, with limited statutory exceptions. The certificate of title reflects all interests affecting the land, so unregistered easements generally cannot be enforced against a bona fide registered proprietor.
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Sarah discovers that her neighbor has been using part of her registered land for parking for 20 years. Under property law, what is her strongest legal position?
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