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Notes On Mirror Doctrine

The mirror doctrine states that anyone dealing with registered land can rely on the correctness of the certificate of title without looking beyond it. However, if someone is dealing with someone who is not the registered owner, they must look behind the certificate of title to determine if the non-owner has the capacity to transfer interest. There is an exception - if the party has actual knowledge of issues with the title or vendor, or sufficient facts that would induce a reasonably prudent person to inquire further into the title status, then they cannot claim to be an innocent or good faith purchaser.

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Enrie Paolo Mendoza
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112 views

Notes On Mirror Doctrine

The mirror doctrine states that anyone dealing with registered land can rely on the correctness of the certificate of title without looking beyond it. However, if someone is dealing with someone who is not the registered owner, they must look behind the certificate of title to determine if the non-owner has the capacity to transfer interest. There is an exception - if the party has actual knowledge of issues with the title or vendor, or sufficient facts that would induce a reasonably prudent person to inquire further into the title status, then they cannot claim to be an innocent or good faith purchaser.

Uploaded by

Enrie Paolo Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Mirror doctrine

every person dealing with registered land may safely rely on the
correctness of the certificate of title issued therefor and the law will in
no way oblige him to go beyond the certificate to determine the
condition of the property.

a person dealing with the owner of registered land is not bound to go beyond
the certificate of title as he is charged with notice of burdens on the property
which are noted on the face of the register or on the certificate of title. 

Exception

 However, when a person who deals with registered land through


someone who is not the registered owner, he is expected to look
behind the certificate of title and examine all the factual
circumstances, in order to determine if the vendor has the
capacity to transfer any interest in the land.  He has the duty to
ascertain the identity of the person with whom he is dealing and the
latter’s legal authority to convey.  
 This principle does not apply when the party has actual
knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry or when the
purchaser has knowledge of a defect or the lack of title in his
vendor or of sufficient facts to induce a reasonably prudent man
to inquire into the status of the title of the property in litigation. 
One who falls within the exception can neither be denominated an
innocent purchaser for value nor a purchaser in good faith.

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