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- Title
FINDING NEMO DAT IN THE LAND TITLE ACT: A COMMENT ON GILL V BUCHOLTZ.
- Authors
Harris, Douglas C.; Mickelson, Karin
- Abstract
The article focuses on the decision of the British Columbia's Court of Appeal in Gill v. Bucholtz, wherein the argument from the Land Title and Survey Authority (LTSA) that the risk associated with fraud should fall on the mortgagee was rejected. It depicts that the amendments of the Land Title Act (LTA) retains the nemo dat principle, but then made an exceptions for fee simple interests which are acquired in good faith and for valuable consideration as well as those already registered.
- Subjects
BRITISH Columbia; ACTIONS &; defenses (Law); BRITISH Columbia. Court of Appeal; LAND title registration &; transfer -- Law &; legislation; MORTGAGEES (Law); CONSTITUTIONAL amendments; GOOD faith (Law); FRAUD
- Publication
University of British Columbia Law Review, 2012, Vol 45, Issue 1, p205
- ISSN
0068-1849
- Publication type
Article