How can a party be rebutted against the presumption of indefeasible title?

British Columbia, Canada


The following excerpt is from Ali v Ali, 2018 BCSC 22 (CanLII):

The presumption of indefeasible title can also be rebutted by agreements between parties contrary to the registered title: Suen v. Suen, 2013 BCCA 313 at para. 34.

Other Questions


Can a party who receives funds from a parent to their adult child to rebut the presumption of a resulting trust rebutting that the transfer is a gift? (British Columbia, Canada)
Does the presumption of indefeasible title preclude third parties from enforcing their beneficial interest as against the registered owner? (British Columbia, Canada)
What is the test for rebutting the presumption of indefeasible title? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the burden of proof against two presumptions: resulting trust and indefeasible title? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.