What is the test for establishing that registered title to a property is valid and accurate?
British Columbia, Canada
The following excerpt is from Bilin v Sidhu, 2022 BCSC 399 (CanLII):
The sub-section creates a presumption that the registered title accurately reflects a party’s actual ownership interest: Mac v. Mak, 2016 BCSC 1140 at para. 107, aff’d 2017 BCCA 115. The statutory presumption may be rebutted if there is a resulting trust or unjust enrichment: Suen v. Suen, 2013 BCCA 313 at para. 34.
A resulting trust may be formed when: (1) one party gratuitously transfers their interest in property to another; or (2) where one party uses (transfers) their money to purchase property which is put in the other party’s name: Swanstrom v. Wuest, 2018 BCSC 2299 [Swanstrom] at paras. 39-40.
"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
What is the test for establishing that a party registered on the title of a property has a legal and equitable interest in the property? (British Columbia, Canada)
What is the test for establishing that beneficial interests in real property are not consistent with registered title? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of 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 burden of proving that someone registered on the title of a property is not entitled to an estate in fee simple? (British Columbia, Canada)
Is a strata corporation's bylaw 45.16 valid to govern the use of common property valid? (British Columbia, Canada)
What is the test for establishing that registered ownership reflects the actual ownership of a property? (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)
Does the words 'shall be the joint property of the undersigned' or 'right of survivorship' convey a legal title to a joint property? (British Columbia, Canada)
What is the test for obtaining an order for distribution of a property that was not registered on the title? (British Columbia, Canada)
