The emperor's new clothes: the myth of indefeasibility of title in Saskatchewan
This thesis explores whether the doctrine of indefeasibility of title and its three associated principles – the mirror principle, the curtain principle, and the insurance principle – are mythical constructs, and not legal facts as they are portrayed in the dominant legal discourse and in traditional legal research sources. It is commonly understood that indefeasibility of title is the hallmark of land titles systems of registration, especially those based on the Torrens model, and Saskatchewan is a jurisdiction which operates such a system. When one examines the genesis of land titles systems and indefeasibility of title, Saskatchewan’s land titles statutes and recent court decisions, one discovers that there is a dichotomy between indefeasibility of title in practice and how it is portrayed in theory. Given that land titles systems of registration are statutory creations, it is more appropriate to utilize the language in the legislation and therefore to avoid reliance upon these constructs.
DegreeMaster of Laws (LL.M.)
CommitteeBilson, Beth; Hoehn, Felix; Jackson, Georgina
Copyright DateOctober 2012
Indefeasibility of Title (and the mirror prinicple, curtain principle, and insurance principle)
land titles system of registration
The Land Titles Act