LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Registered Instruments – Effect of Defective or Non-Compliant Plans
PRINCIPLE STATEMENT
A registrable instrument affecting land, once duly registered, is admissible in evidence notwithstanding that a plan annexed to it may be defective or not in compliance with the Survey Law; the admissibility of the instrument is governed by registration law, while the plan's admissibility (when tendered independently) is governed by Survey Law; a defective plan's evidential value is a separate question from the instrument's admissibility.
RATIO DECIDENDI (SOURCE)
"A registrable instrument affecting land, once duly registered under the relevant Land Instruments Registration Law, is admissible in evidence notwithstanding that a plan annexed to it may be defective or not in compliance with the Survey Law at the time of execution. The admissibility of such an instrument is governed by the registration law, while the admissibility of a plan tendered independently as a plan is governed by the Survey Law. Once an instrument is registered under the Land Instruments Registration Law or Act, it should be admitted in evidence as a registered instrument. If, however, the plan annexed thereto is in fact defective in any way, a different question will arise as to its evidential value... When a plan is tendered in evidence as a plan, issues as to its admissibility will be governed by section 3 of the Survey Law."
EXPLANATION / SCOPE
This principle distinguishes: (1) admissibility of registered instruments versus (2) admissibility of survey plans. A registered land instrument is admissible regardless of defects in its annexed plan—registration satisfies the Land Instruments Registration Law requirements. However, if the plan is tendered separately as a plan (rather than as part of the registered instrument), Survey Law section 3 governs its admissibility (requiring surveyor certification, proper execution). A defective plan’s evidential value (weight, reliability) is assessed after admission—defects affect weight, not admissibility. This prevents rejection of otherwise valid registered instruments due to plan technicalities while maintaining standards for independently tendered plans. Courts admit the instrument, then assess the plan’s reliability.