Does the presumption of indefeasible title preclude third parties from enforcing their beneficial interest as against the registered owner?

British Columbia, Canada


The following excerpt is from Garland v Newhouse, 2021 BCSC 1291 (CanLII):

The presumption of indefeasible title does not foreclose the possibility that someone other than the registered owner may have a beneficial interest in land. Third parties dealing with the land are entitled to rely on the registry. However, s. 23(2) of the Land Title Act does not prevent parties to a trust agreement from enforcing their beneficial interest as against the registered owner. The presumption of indefeasible title may be rebutted by the presumption of resulting trust, where there is an agreement between the parties that is contrary to the registered title, or to take account of the underlying equitable interests between the parties: Auija v. Kaila, 2010 BCSC 1739 at para 32. Land held in trust for a partnership is subject to an agreement that is contrary to registered title.

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