The indefeasibility principle primarily guarantees which of the following?

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Multiple Choice

The indefeasibility principle primarily guarantees which of the following?

Explanation:
Indefeasibility of title means that, once land is registered in a person’s name, that ownership is secure and cannot be defeated by defects in the seller’s title or by unrecorded claims, provided the purchaser acts in good faith. The primary guarantee is that a fee simple purchaser who pays value and acts in good faith is protected: their title cannot be challenged on grounds of prior defects in the chain of title, giving strong certainty in ownership. Encumbrances can exist or be recorded on the title, but the indefeasibility principle refers to the certainty of ownership itself, not to guaranteeing all encumbrances. The system does not hinge on investigating how the owner obtained title, and it isn’t about guaranteeing only lease rights in occupation.

Indefeasibility of title means that, once land is registered in a person’s name, that ownership is secure and cannot be defeated by defects in the seller’s title or by unrecorded claims, provided the purchaser acts in good faith. The primary guarantee is that a fee simple purchaser who pays value and acts in good faith is protected: their title cannot be challenged on grounds of prior defects in the chain of title, giving strong certainty in ownership. Encumbrances can exist or be recorded on the title, but the indefeasibility principle refers to the certainty of ownership itself, not to guaranteeing all encumbrances. The system does not hinge on investigating how the owner obtained title, and it isn’t about guaranteeing only lease rights in occupation.

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