Indefeasibility of Title and the Registrar's Unwelcome s81 Powers
In New Zealand ownership of interests in land is established by registration. Section 81 of the Land Transfer Act 1952 conferred upon the Registrar a power to correct the register. The extent of this power seemed inconsistent with the orthodox understanding of the doctrine of indefeasibility, which suggests that entry upon the register is conclusive. This article critically re-examines the leading cases establishing this doctrine of indefeasibility: Gibbs v Messer  AC 248 (PC), Assets Co v Mere Roihi  AC 176 (PC), Boyd v Mayor of Wellington  NZLR 1174, and Frazer v Walker  NZLR 1069 (PC) and suggests that they advance a more sophisticated view of indefeasibility than is currently attributed to them, and which is consistent with the s81 power of correction.
Publisher: Canterbury School of Law
Keywords: Property Law; Indefeasibility; Land Transfer Act 1952; New Zealand
Research Type: Journal Article