(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 specified parcel of land upon the registered proprietor and dispenses with any need on the part of persons dealing with him to investigate further his right thereto.’
The fault had not been obtained by the respondent land owner by fraud or mistake. In a situation where the rights of A extend over B’s land it is entirely reasonable and consistent with the scheme of registration that somone dealing with A should satisfy himself as to the validity of his right by examining the registered entry of B. This does not require him to go behind the register but merely to examine two entries instead of one. The purchaser should have inspected both registers. The appeal was dismissed.
Judges:
Lord Goff of Chieveley, Lord Griffiths, Lord Jauncey of Tullichettle, Lord Steyn, Lord Hoffmann
Citations:
[1996] UKPC 15, [1996] 3 WLR 353, [1996] 4 All ER 503, [1997] AC 158
Links:
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 – Frazer v Walker PC 1967
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 . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Registered Land
Updated: 31 May 2022; Ref: scu.159172
