Some Principles of the Real Property Land Titles Acts of Western Canada
Some Principles of the Real Property Land Titles Acts of Western Canada
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* 54 & 55 Vict. C. 66, s. 34. 'R. S'. C. 1886, c. 51, s. 62. ' Sir S. Walker, C, at 336. 'Fitzgibbon, L. J. , at 337.
' Sir S. Walker, C, at 335. "Fitzgibbon, L. J. , at 337.
LEADING CASE OX THE ACTS WILKIE V. JELI-HTT. 79 the Canadian Acts. There is no explicit exclusion of a court of equity from all jurisdiction to defeat the title for a regis- tered interest save on the ground of fraud. But in spite of the absence of such an unmistakable manifestation of inten- tion from the Act of Ireland, ...the Irish court of chancery found no difficulty in coming to the conclusion that the lan- guage employed was sufficient to make perfectly clear the evidential finality intended to be given to the register, the inviolate character of the rule as to priority, and that iur defeasible title was got by registration; and this without re- gard to the question whether the holder of a registered inter- est had or had not dealt in reliance on the register ; although the main object of the Irish Act, like that of any statute creating a scheme of registration of title to land which makes a land certificate conclusive evidence of title and estate and renders an unregistered instrument incapable of passing an estate or interest in land, must perforce be to relieve anyone dealing in reliance on the register from all necessity for going behind the register in order to determine a title's validity or for going outside of it to ascertain what persons, if any, besides the registered owner, are interested in the property.
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To quickly assess the difficulty of the text, read a short excerpt:
* 54 & 55 Vict. C. 66, s. 34. 'R. S'. C. 1886, c. 51, s. 62. ' Sir S. Walker, C, at 336. 'Fitzgibbon, L. J. , at 337.
' Sir S. Walker, C, at 335. "Fitzgibbon, L. J. , at 337.
LEADING CASE OX THE ACTS WILKIE V. JELI-HTT. 79 the Canadian Acts. There is no explicit exclusion of a court of equity from all jurisdiction to defeat the title for a regis- tered interest save on the ground of fraud. But in spite of the absence of such an unmistakable manifestation of inten- tion from the Act of Ireland, ...the Irish court of chancery found no difficulty in coming to the conclusion that the lan- guage employed was sufficient to make perfectly clear the evidential finality intended to be given to the register, the inviolate character of the rule as to priority, and that iur defeasible title was got by registration; and this without re- gard to the question whether the holder of a registered inter- est had or had not dealt in reliance on the register ; although the main object of the Irish Act, like that of any statute creating a scheme of registration of title to land which makes a land certificate conclusive evidence of title and estate and renders an unregistered instrument incapable of passing an estate or interest in land, must perforce be to relieve anyone dealing in reliance on the register from all necessity for going behind the register in order to determine a title's validity or for going outside of it to ascertain what persons, if any, besides the registered owner, are interested in the property.
What to read after Some Principles of the Real Property Land Titles Acts of Western Canada?
You can find similar books in the "Read Also" column, or choose other free books by Spender Harold to read onlineMoreLess
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