Claim to cancel a 60-year-old registration dismissed at both instances
A claim to cancel, as void, a land registration made to our client about 60 years ago was dismissed for lack of evidence and long inaction.
How the case unfolded
Background
Claiming it had never sold the land to our client, the opposing party sued to cancel, as void, a title registration made to our client about 60 years earlier. The land had since passed through several other owners.
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, so the party alleging invalidity must prove it. It found no concrete or direct evidence for the claim, noted that the suit came about 60 years after the registration, and that the opposing party had not managed the land as owner, for example by paying property tax.
Outcome
The claim was dismissed, and the opposing party was ordered to bear the litigation costs. The opposing party appealed, but the appeal was also dismissed.
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.
Related practice and case
See the practice area and another success story from the same field.
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