Claim that a 45-year-old registration was void rejected at trial and on appeal

Background

The opposing party claimed that decades ago it had sold only some parcels, and that the office handling the registration had secretly disposed of the remaining land using the seal and documents left with it. On that basis it sued for transfer of title, to restore the true owner's name, over land that later passed through our client's family and was inherited by our client.

Issues and ruling

The court held that a registered owner is presumed to have acquired title by a valid cause even as against the prior owner, and the party alleging invalidity must prove it. Noting the lack of concrete evidence, that the suit was filed about 45 years after the registration, and that the opposing party had not acted as owner in the meantime (for example, by paying property tax), the court rejected the claim.

Outcome

The claim was dismissed at first instance, and the opposing party's appeal was also dismissed. All litigation costs were placed on the opposing party.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.