The Trust Statutory Exception to Indefeasibility in the Singapore Torrens System

Singapore Journal Of Legal Studies, Mar 17, pp 151-168

18 Pages Posted: 14 Dec 2018

See all articles by Keang Sood TEO

Keang Sood TEO

National University of Singapore (NUS) - Faculty of Law

Date Written: March 31, 2017

Abstract

This article seeks to argue for the inclusion of constructive trusts as a statutory exception to inde-feasibility in the LTA given the persistent uncertainty surrounding this issue. Among others, it is argued that constructive trusts are already recognised in the LTA, albeit indirectly. In addition, the Court of Appeal in Bebe may not be right in its consideration of section 47(3) of the LTA and the earlier Court of Appeal decision in Betsy Lim which applied the constructive trust. In any event, recognising constructive trusts as a statutory exception does not go against the policy objectives of the Singapore Torrens system as embodied in the LTA.

Suggested Citation

TEO, Keang Sood, The Trust Statutory Exception to Indefeasibility in the Singapore Torrens System (March 31, 2017). Singapore Journal Of Legal Studies, Mar 17, pp 151-168, Available at SSRN: https://ssrn.com/abstract=3299837

Keang Sood TEO (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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