Unregistered Prior Sale vs. Subsequent Registered Sale
Synthèse Legislator
Généré par l'IAA seller, who had previously transferred ownership of a property to a buyer via a deed that was not immediately registered, subsequently sold the same property to a second buyer through a registered deed; the first buyer sued to have the second buyer's deed declared null, arguing that the prior, unregistered sale should prevail. The court rejected the first buyer's claim, reasoning that under the relevant property law provisions, the transfer of ownership to the second buyer, whose deed was registered first, was opposable to the first buyer, even though the first sale predated the second, because the failure to register the initial sale rendered it ineffective against subsequent registered third-party rights.
Regeste Legislator
Généré par l'IAUnregistered Prior Sale vs. Subsequent Registered Sale: The court rejected the first buyer's claim, reasoning that under the relevant property law provisions, the transfer of ownership to the second buyer, whose deed was registered first, was opposable to the first buyer, even though the first sale predated the second, because the failure to register the initial sale rendered it ineffective against subsequent registered third-party rights.