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Property Law and Real Estate

2014

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Title Registration And The Abolition Of Notice In British Columbia, Douglas C. Harris, May Au Jan 2014

Title Registration And The Abolition Of Notice In British Columbia, Douglas C. Harris, May Au

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Systems of land law must balance competing goals of securing title for existing interests in land with facilitating their transfer. Title registration systems operate to facilitate transfers of interests in land. They reflect a choice to enhance the security of transfers of interests, providing what has been characterized as dynamic security at the expense of the static security of existing interests. One of the cardinal principles of title registration is the abolition of the doctrine of notice. In equity, if purchasers of a legal interest have notice of a prior equitable interest, then they take their interest subject to that …