Can a forged transfer from a fictitious person be used as a good root of title to a property?

British Columbia, Canada


The following excerpt is from Vancouver City Savings Credit Union v. Hu, 2005 BCSC 712 (CanLII):

In Gibbs v. Messer, for example, a forged transfer from a fictitious person, even though the transfer was registered, could not provide a good root of title to persons who advanced funds on the strength of a mortgage from that fictitious person (at 255): The protection which the statute gives to persons transacting on the faith of the register is, by its terms, limited to those who actually deal with and derive right from a proprietor whose name is upon the register. Those who deal, not with the registered proprietor, but with a forger who uses his name, do not transact on the faith of the register; and they cannot by registration of a forged deed acquire a valid title in their own person, although the fact of their being registered will enable them to pass a valid right to third parties who purchase from them in good faith and for onerous consideration.

Other Questions


How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
Does a mere gratuitous transfer of property, real or personal, convey legal title? (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 effect of a personal property agreement on property that would have occurred without the agreement? (British Columbia, Canada)
What is the test for establishing that a transferor intended to transfer funds from a bank account to a personal trust account at the time of the transfer? (British Columbia, Canada)
What is the law regarding partition and sale of property under the Personal Property Protection Act? (British Columbia, Canada)
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)
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)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
Can a person whose equitable interest in a property is being challenged give value for their legal interest in the property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.