Under the Torrens system, what does 'indefeasibility of title' mean?
Correct Answer
C) The registered owner's title cannot be challenged or defeated
Indefeasibility means the title shown in the register is conclusive: once registered, the owner's title cannot be defeated by prior unregistered claims. In Ontario's Land Titles system, a registered instrument is deemed embodied in the register and effective according to its terms (Land Titles Act s. 78(4)), subject to limited exceptions such as the liabilities in s. 44 and fraudulent instruments.
Why This Is the Correct Answer
This answer captures what indefeasibility means: the registered owner's title, as shown in the register, cannot be challenged or defeated by earlier unregistered claims. Land Titles Act s. 78(4) makes registered instruments effective according to the register, subject to limited statutory exceptions.
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Under the Torrens system of land registration, what is the primary characteristic that distinguishes it from the Registry system?
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In Ontario's Land Titles system, a fraudster poses as the registered owner and in 2025 registers a forged transfer to an innocent purchaser who pays full value. What is the effect on title?