A forged memorandum of mortgage granted by one of two joint proprietors was registered and subsequently enforced by the mortgagees on default by the mortgagor. A purchaser in good faith at auction whose title was thereafter registered was held entitled to found on his registered title in proceedings for possession against the other joint proprietor.
Held: The Board referred to the idea of the indefeasibility of title with registered land: ‘The expression, not used in the Act itself, is a convenient description of the immunity from attack by adverse claim to the land or interest in respect of which he is registered, which a registered proprietor enjoys. This conception is central in the system of registration. It does not involve that the registered proprietor is protected against any claim whatsoever; as will be seen later, there are provisions by which the entry on which he relies may be cancelled or corrected, or he may be exposed to claims in personam. These are matters not to be overlooked when a total description of his rights is required. But as registered proprietor, and while he remains such, no adverse claim (except as specifically admitted) may be brought against him.’
Judges:
Lord Wilberforce
Citations:
[1967] AC 569
Citing:
Cited – Breskvar v Wall 13-Dec-1971
(High Court of Australia) B, the registered proprietor of land, had obtained a loan of money from P. As security, he had given to P a signed memorandum of transfer and the certificate of title for the land. The memorandum of transfer was void under . .
Cited by:
Cited – Racoon Limited v Harris Turnbull, Executor of James Turnbull (Deceased) and others PC 22-May-1996
(British Virgin Islands) The land registrar had incorrectly registered land without mention of a lease of a right of way.
Held: ‘The philosophy underlying a system of registration of title is that it confers indefeasibility of title to the . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Registered Land
Updated: 01 May 2022; Ref: scu.242119
