What is the burden of proving that someone registered on the title of a property is not entitled to an estate in fee simple?

This section creates a statutory presumption that persons registered on the title of the property are presumed to hold the legal and equitable interest conveyed by the registrar. They are presumed to be indefeasibly entitled to an estate in fee simple. The burden is on the party seeking to challenge the state of the title to prove otherwise: Bajwa v. Pannu, 2006 BCSC 921, 57 B.C.L.R. (4th) 161, aff’d 2007 BCCA 260, 66 B.C.L.R. (4th) 192. The presumption can be displaced by two equitable principles: Skender v. Skender, 2005 BCSC 418, aff’d 2006 BCCA 162, 52 B.C.L.R. (4th) 6: first, the presumption of advancement, which is not applicable here as this is a common-law relationship; and second, the enforcement of an agreement between the parties to prevent unjust enrichment if the face of a title is upheld. Position of the Parties