What is the legal effect of indefeasibility of title under the Torrens system?
Correct Answer
A) The owner's title cannot be defeated except on limited grounds, such as fraud.
Indefeasibility means a registered proprietor's title cannot be defeated by earlier unregistered claims or defects in the title's history, except on limited grounds set out in the Torrens statutes and case law, such as fraud by the proprietor. It gives owners and lenders certainty, with the state compensating anyone who loses through the system.
Why This Is the Correct Answer
Registration gives the proprietor a title that cannot be defeated except on limited grounds, chiefly the proprietor's own fraud and specific statutory exceptions. It is strong protection, but not absolute.
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