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Fiji Land Law: The Court of Appeal has upheld the Torrens title system by confirming indefeasibility of title includes a volunteer under a will

Sep 18, 2017 / by James Sloan posted in Indefeasibility of title, Fiji land law, Torrens title system, buying land in Fiji, Fiji land dealings

Fiji's Land Transfer Act, Cap 131, confers an indefeasible title to land on any proprietor who registers the title in accordance with the Land Transfer Act. There is only one exception that can defeat a registered title and this arises where it can be shown that the registered proprietor obtained the title by actual fraud.

In this legal bulletin we explain the law in relation to indefeasibility of title which includes consideration of leading case authorities from New Zealand, Australia and Fiji. We also discuss a recent Fiji Court of Appeal case authority that confirms that a registered proprietor of land has indefeasibility of title whether he or she is a purchaser of the title or obtains the title as a volunteer under a will.

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