LEGAL PRINCIPLE: LAND LAW – Registration of Titles – Registered Title – Nature and Purpose – Guarantee by State
PRINCIPLE STATEMENT
The object of title registration is to save persons dealing with registered proprietors from investigating the history of the vendor's title; a bona fide purchaser for value who registers acquires an indefeasible right, notwithstanding the infirmity of his author's title.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at pp. 10–11; Paras D–A.
"The object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register, in order to investigate the history of their author's [i.e. vendor's] title, and to satisfy themselves of its validity. That end is accomplished by providing that everyone who purchases in bona fide and for value, from a registered proprietor, and enters his deed of transfer or mortgage on the register, shall thereby acquire an indefeasible right, notwithstanding the infirmity of his author's title."
EXPLANATION / SCOPE
The Torrens system of title registration aims to save persons dealing with registered proprietors from investigating the history of the vendor’s title. A bona fide purchaser for value who registers acquires an indefeasible right—even if the vendor’s title was infirm. The State guarantees the title. The register is everything. The purchaser need not look behind it. This promotes marketability and reduces transaction costs. The principle protects purchasers from hidden defects and unregistered claims. The only exceptions are fraud or specific statutory provisions. The system balances security of title with efficiency of transfer. The registered proprietor’s title is conclusive.