What is the test for establishing that registered ownership reflects the actual ownership of a property?
British Columbia, Canada
The following excerpt is from Chen v. Ho, 2013 BCSC 533 (CanLII):
The law provides in s. 23(2) of the Land Title Act that the registered ownership reflects the actual ownership. However, the presumption can be rebutted, including by evidence of a contrary intention of the donor. See Chuang v. Wong, 2012 BCSC 233.
There are legal presumptions which can assist in the absence of determinative evidence. The presumption of resulting trust presumes that a party who receives property without paying for it holds it on a resulting trust for the party who paid for it. In contrast, the presumption of advancement presumes that a transfer from a married person to his or her spouse was a gift. See Pecore v. Pecore, 2007 SCC 17.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
What is the burden of establishing that the registered owner of a property holds his or her interest or a portion of it in trust for another person? (British Columbia, Canada)
Is history of ownership a factor that the court will consider in determining the ownership of a property? (British Columbia, Canada)
What is the test for establishing that registered title to a property is valid and accurate? (British Columbia, Canada)
What are the implications of a property law case in which a party is not entitled to a tax return because they do not have an actual property? (British Columbia, Canada)
What is the test for establishing that property is excluded property? (British Columbia, Canada)
What is the test for establishing that beneficial interests in real property are not consistent with registered title? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the property of a property that is unique and specific performance? (British Columbia, Canada)
What is the burden of proving that someone registered on the title of a property is not entitled to an estate in fee simple? (British Columbia, Canada)
