Recovering misdirected trust assets in the face of torrens indefeasibility

• Main Author: SEE, Alvin W. L.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2019
• Subjects: Contracts; Jurisdiction
• Online Access: https://ink.library.smu.edu.sg/sol_research/2952; https://ink.library.smu.edu.sg/context/sol_research/article/4910/viewcontent/Alvin_See_JEq.pdf
• Institution: Singapore Management University

Where misdirected trust asset consists of, or becomes invested in,registered land, whether the beneficiary could recover it from the recipient isdoubtful given that the Torrens system, through the principle ofindefeasibility, effects a substantial reversal of the priority rules under thegeneral law. The key to unravelling the seemingly contradictory cases on thistopic is to be sensitive to the diversity in drafting and interpretation of thedifferent Torrens legislations, with particular focus on whether the principleof indefeasibility also protects registered volunteers. Through a comparative studyof the Torrens jurisdictions in Australia and Singapore, this article highlightshow the position differs from jurisdiction to jurisdiction and makes suggestionson how the interests of the competing parties may be best balanced.