Can an action for recovery of land include setting aside the title of the registered owner?
Saskatchewan, Canada
The following excerpt is from Matkowski v. Matkowski Estate and Matkowski, 1983 CanLII 2382 (SK QB):
A final matter. The present action is one “for the recovery of land” and can be said to come within s. 196. As Lamont, J.A., said in Imperial Bank v. Esakin, at page 37. It seems to me ... that under the Land Titles Act, which is concerned primarily with the title to land as distinguished from its possession, an action for the recovery of land may well be held to include an action to set aside the title of the registered owner.
"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
Is a debtor not a necessary or proper party to an action to set aside fraudulent conveyances? (Saskatchewan, Canada)
What is sufficient if a vendor makes title at a hearing when there has been no repudiation and no plea setting up want of title? (Saskatchewan, Canada)
Is an action for establishment title only, not claiming possession, not establishing title to land under the Rules? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
Can a contract be set aside in equity because of a common misapprehension as to the effect of the terms agreed upon? (Saskatchewan, Canada)
What is the test for setting aside a contract that has been induced by fraud? (Saskatchewan, Canada)
What is the test for opening up a noting for default and setting aside a default judgment? (Saskatchewan, Canada)
In what circumstances will a summary application be set aside? (Saskatchewan, Canada)
What is the test for setting aside a judgment? (Saskatchewan, Canada)
Can a consent judgment be set aside if the consent was executed by counsel and issued by the court? (Saskatchewan, Canada)
