Question

A fee simple owner in British Columbia who is the victim of a fraudulent conveyance of his or her land will lose the right to have the transfer set aside when:

(a) The transfer of the property to the dishonest person has been registered in the land title office.
(b) The title to the property has been transferred to a good faith purchaser for valuable consideration.
(c) The guilty party has been convicted of fraud by a court.
(d) He or she notifies the registrar of land titles that fraud has occurred.

Answer 1

A fee simple owner in British Columbia will lose the right to have a fraudulent transfer of land set aside if the title has been transferred to a good faith purchaser for valuable consideration.

Step-by-step explanation:

In British Columbia, a fee simple owner who is the victim of a fraudulent conveyance of his or her land will lose the right to have the transfer set aside when the title to the property has been transferred to a good faith purchaser for valuable consideration. This legal position is supported by the principles of justice in acquisition and transfer, where only those who have acquired a holding rightfully, either initially or through a rightful transfer, are entitled to that holding. Furthermore, the integrity of property transactions is preserved by protecting good faith purchasers, ensuring that once they acquire property without knowledge of the original fraud and provide valuable consideration for it, they obtain a valid title.