Recipient Liability under the Torrens System: Some Category Errors

Abstract

The claim to the return of specific property to a trust fund or to a fiduciary who must apply it towards the fulfilment of the purposes of the fiduciary relationship, such as a joint venture, is a claim to enforce a pre-existing equitable interest in property, is established, followed by a demonstration of dispute in Farah that relates to the enforcement of a subsisting equitable interest in property subject to the application of the doctrine of notice and the principles of title registration that apply to the facts of Farah is examined. It is argued that property rights be enforced as property rights alone and enforcement of property rights should not be dressed in the clothing of equitable doctrines which serve other purposes.