Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right?
Saskatchewan, Canada
The following excerpt is from Bensette v. Reece, 1969 CanLII 550 (SK QB):
With a similar provision in the Alberta Act before him, Martland, J. in Kaup v. Imperial Oil Ltd., supra, said at p. 202: “In this passage, reference is made to the position of a wrongdoer who becomes registered as the owner of land. In my opinion, the same reasoning, as to the power and duty of a court to rectify the register, can and should also be applied to a case in which registration of title has been obtained by a volunteer, who registers a transfer from a transferor who had no legal right to give it, provided that the rights of third parties are not implicated.” [The italics are mine.]
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