Singapore Bar Part A Land Law Practice Questions - Singapore Bar Examinations Part A - Land Law Exam

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Under the Torrens system in the Land Titles Act, how is 'fraud' — which defeats a registered title under section 46(2)(a) — defined in the leading authority Assets Co Ltd v Mere Roihi (1905), as applied by the Singapore courts in cases such as United Overseas Bank Ltd v Bebe bte Mohammad?

Actual fraud, meaning dishonesty or moral turpitude on the part of the registered proprietor, rather than mere constructive notice. Mere notice of a prior unregistered interest or equitable claim before completing registration. Any breach of contract or negligence committed by the proprietor's agent during conveyancing. Equitable fraud, which includes a failure to perform a promised gift or gratuitous promise.

Correct Answer:

Actual fraud, meaning dishonesty or moral turpitude on the part of the registered proprietor, rather than mere constructive notice.

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