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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Z owns Lot X, a Torrens-registered parcel. W has openly possessed Lot X for 24 years, claiming ownership under a deed he obtained from a person who claimed to own Lot X. The deed is later discovered to be forged. Z seeks to eject W and recover Lot X. With respect to prescription and Torrens title, which statement is correct?

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Prescription cannot vest ownership against a Torrens title; W cannot acquire by prescription; Z's Torrens title remains indefeasible; ejectment is proper. W may acquire ownership by prescription if he can prove good faith and reliance on the grantor's claimed ownership; the forged deed would not bar this if he believed it to be valid. W has acquired ownership by ordinary prescription because long possession plus the deed, even if forged, constitutes just title. X may seek cancellation of the forged deed and thus defeat W's claim by court order; Not accurate since the certificate of title remains indefeasible.

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