What is the test for establishing that beneficial interests in real property are not consistent with registered title?
British Columbia, Canada
The following excerpt is from Petrick (Trustee) v Petrick, 2019 BCSC 1319 (CanLII):
S. 23(2) sets up a presumption, consistent with our Torrens system of land holding, that title reflects the underlying beneficial interests in real property. That presumption may be rebutted in circumstances in which the beneficial ownership is not consistent with registered title: Aujla v. Kaila, 2010 BCSC 1739 at para. 32 [Aujla].
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