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0 tracked cards Civil Law and Land Titles and Deeds
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A Retroactive Land Titles Act (RLTA) is enacted to take effect on January 1, 2025. It provides: (i) retroactive effect to all land transfers evidenced by a valid contract and payment of taxes, even if not registered as of its effectivity date; (ii) upon filing an application for registration before the Register of Deeds, the transferee shall be issued an owner’s title, subject to encumbrances existing as of the Act’s effective date; (iii) this Act shall apply to all pending applications as of the effective date. On June 15, 2014, Aris sold Parcel Y to Blanca by private contract; taxes were paid; the deed was not registered. In 2026, the Register of Deeds denied Blanca’s application for registration on the ground that the transfer occurred before the Act and was not registered. Blanca sues for registration. (a) Identify the controlling doctrine on retroactivity of laws under the Civil Code and state the effect of Article 4 on this statute. (b) Decide whether RLTA’s retroactivity clauses apply to pending applications and to pre-existing unregistered transfers, and explain any limitations. (c) Apply to the facts and determine whether Blanca is entitled to registration under RLTA, stating the reasons and noting any liens or encumbrances that may affect title.

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Clara

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