Back to Basics : Indefeasibility of Title Under The Torrens System  

Oleh:

Crown, Barry C.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Singapore Journal of Legal Studies (Jul. 2007), page 117-127.
Topik: SYSTEMS; indefeasibility; torrens system

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS46 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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In United Overseas Bank Ltd. v. Bebe bte Mohammad the Court of Appeal had the opportunity to revisit one of the basic doctrines of the Torrens system-indefeasibility of title. The bank granted a loan to the defendant’s adopted daughter and her husband on the security of a registered mortgage over the defendant’s property. The searches conducted by the bank’s solicitors revealed that a replacement certificate of title had been applied for. However, the borrowers’ agent handed over to them the original certificate, which had been cancelled, but which was used to register the mortgage. As a result, the mortgage was registered on the strength of an erroneous document. At first instance it was ordered that the land register should be rectified by cancelling the mortgage.

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