Article
Recovering Misdirected Trust Assets in the Face of Torrens Indefeasibility
Journal of Equity
(2019)
Abstract
Where misdirected trust asset consists of, or becomes invested in, registered land, whether the beneficiary could recover it from the recipient is doubtful given that the Torrens system, through the principle of indefeasibility, effects a substantial reversal of the priority rules under the general law. The key to unravelling the seemingly inconsistent cases on this topic is to be sensitive to the diversity in drafting and interpretation of the different Torrens legislations, with particular focus on whether the principle of indefeasibility also protects registered volunteers. Through a comparative study of the Torrens jurisdictions in Australia and Singapore, this article highlights how the position differs from jurisdiction to jurisdiction and makes suggestions on how the interests of the competing parties may be best balanced.
Disciplines
Publication Date
Fall June 1, 2019
DOI
https://www.lexisnexis.com.au/__data/assets/pdf_file/0020/313463/Journal-of-Equity-volume-13-part-1.pdf
Citation Information
Alvin W-L See. "Recovering Misdirected Trust Assets in the Face of Torrens Indefeasibility" Journal of Equity Vol. 13 (2019) p. 1 - 22 Available at: http://works.bepress.com/alvinsee/30/