The emperor's new clothes: the myth of indefeasibility of title in Saskatchewan
Date
2012-08-09
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ORCID
Type
Degree Level
Masters
Abstract
This thesis explores whether the doctrine of indefeasibility of title and its three associated principles – the mirror principle, the curtain principle, and the insurance principle – are mythical constructs, and not legal facts as they are portrayed in the dominant legal discourse and in traditional legal research sources. It is commonly understood that indefeasibility of title is the hallmark of land titles systems of registration, especially those based on the Torrens model, and Saskatchewan is a jurisdiction which operates such a system. When one examines the genesis of land titles systems and indefeasibility of title, Saskatchewan’s land titles statutes and recent court decisions, one discovers that there is a dichotomy between indefeasibility of title in practice and how it is portrayed in theory. Given that land titles systems of registration are statutory creations, it is more appropriate to utilize the language in the legislation and therefore to avoid reliance upon these constructs.
Description
Keywords
Keyword 1, Indefeasibility of Title (and the mirror prinicple, curtain principle, and insurance principle), Keyword 2, Torrens system, Keyword 3, land titles system of registration, Keyword 4, The Land Titles Act
Citation
Degree
Master of Laws (LL.M.)
Department
Law
Program
Law