Please enable JavaScript.
Coggle requires JavaScript to display documents.
Seminar 1 - Torrens Registration - Coggle Diagram
Seminar 1 - Torrens Registration
Insurance Principle
(covers loss from fraud, mistake, rectification)
DOES NOT cover breaches of
trust
, failures to register, or market loss
(you have 6 years to bring claim)
MCQs:
Cannot use this if it
came from your OWN mistake
.
Cannot use this if there was a breach of trust by registered proprietor.
Balancing the harsh effects of indefeasibility (fraudster becomes RP)
Safety net of the Torrens System (anyone suffering loss because of errors/fraud can be compensated by the Assurance Fund).
Claims if deprived by fraud, mistake in register, unlawful registration. EG. YOU WERE RIGHTFUL OWNER, BUT FRAUDSTER FORGED A TRANSFER - RP IS PROTECTED, YOU LOST TITLE. (you can claim compensation).
No longer as essential (Torrens Registration System).
Curtain Principle
-- PURCHASERS OF LAND DO
NOT
need to look behind the register to INVESTIGATE trusts/equitable interests.
-- The 'curtain' hides them.
-- Protecting buyer from equitable doctrines.
s46(1)(h) : short term tenants in occupation <7 yrs will bind RP even if not registered.
BUT 46(2)(c) -
beneficiaries of EXPRESS TRUSTS
may assert rights against RP who is a trustee
All that matters is what is on the Land Register.
Equitable interests (beneficiaries under trust) are not registered - hidden behind the curtain.
Buyers deal
only
with registered proprietors.
Not with hidden parties.
Mirror Principle
MCQs?
Leases > 7 years must be
registered
to bind. Mirror principle protects buyers.
Negligence is NOT Torrens Fraud.
Mistake voids indefeasibility.
Singapore enacts a 'qualified' mirror.
Registered title is
generally
conclusive (s46(1) LTA)
But there are statutory exceptions (s46(2)) and sometimes equitable doctrines (personal equities).
UOB v Bebe
(2006)
(Q of Indefeasibiliity - UOB's mortgage
not vitiated
: no fraud)
Mirror Principle is
qualified
- register is not absolute (s46(2) and s47 exceptions apply - it is
narrowly
interpreted).
How does the
mirror principle
apply in Singapore's version of the Torrens system?
LTA uses a
'qualified' mirror principle
.
Personal Equities and Statutory Exceptions limit it.
Mirror principle means register must reflect all valid interests.
NOT all equitable principles are excluded.
NOT applied absolutely.
What amounts to Torrens Fraud under Singapore LTA?
NO FRAUD!!!!
UOB's solicitors were
negligent
- using a cancelled title.
But NOT dishonest (no fraud)
The hallmark of Torrens Fraud = dishonesty or moral turpitude. NOT mere failure to inquire, or negligence.
NARROW interpretation taken :
s46(2)(a).
-- UOB tried to enforce, but Bebe sued to invalidate the mortgage (fraud and lack of mental capacity).
-- S tricked BB into executing a mortgage
in favour of UOB
- but used cancelled certificate of title.
-- ORIGINAL certificate had not been lost, but was
with her OTHER daughter (S)
.
-- Bebe was registered prioprietor of land, who gave Muslim gifts to daughter (H) + issued new certificate of title.
Does
UOB
have
indefeasible title
despite use of cancelled certificate + questionable conduct?
YES
:
IMMEDIATE
INDEFEASIBILITY CONFIRMED
EVEN IF the
underlying transfer
was INVALID!
S46(1) LTA: once a person is registered as proprietor,
their title is
indefeasible
Section 45 Land Titles Act
(4) This section applies despite provisions of
any written law for COMPULSORY acquisition/statutory vesting
of land.
(3) Nothing in this section is to be construed as
preventing
any unregistered instrument from operating as a contract.
(2) Upon registration... the estate/interest passes, or land becomes liable, as security for the payment of money,
subject
to the covenants and conditions
set forth
in the instrument...
(1) No instrument UNTIL REGISTERED AS IN THIS ACT provided is effectual to pass any estate or interest in land under the provisions of this Act.