How have the courts dealt with unregistered interest in a property?
British Columbia, Canada
The following excerpt is from Vancouver City Savings Credit Union v. Serving for Success Consulting Ltd., 2011 BCSC 124 (CanLII):
In Lee v. Ling, 2007 BCCA 603, the plaintiff claimed he had a right to purchase the property at issue as he had executed an option to purchase. He had no documents to substantiate his interest in the property but claimed the vendor and the defendant purchasers had notice of his unregistered interest. The issue was resolved in favour of the defendants on summary trial and the plaintiff appealed. The court accepted for the purposes of the decision that the plaintiff had told the purchasers of his claim but concluded there was nothing more the purchasers could have done to investigate the matter and dismissed the appeal.
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