Is registered title conclusive evidence of the ownership of legal and beneficial interests?

British Columbia, Canada


The following excerpt is from Ghangas v Ghangas, 2021 BCSC 1630 (CanLII):

It is settled law, however, that the statutory presumption that registered title is conclusive evidence of the ownership of legal and beneficial interests can be rebutted in some circumstances. It may be rebutted by the operation of 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: Bajwa v. Pannu, 2007 BCCA 260, aff'g 2006 BCSC 921, per Hall J.A. (dissenting, but not on this point). [Emphasis added]

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