PURCHASERS BEWARE !

Gisborne Standard and Cook County Gazette, Volume II, Issue 216, 1 November 1888, Page 2

PURCHASERS BEWARE !

The judgment of the Chief Justice in Paraone and others v. Matthews and others must come as a surprise to those who have hitherto looked upon a Land Transfer title as an unimpeachable one. “ Title—Land Transfer,” has always been held out as an extra inducement to purchasers, both on account of its being supposed to be a title guaranteed by the Crown, and also a less expensive mode of dealing with property. The judgment in the case we refer to was founded upon other grounds, but the Chief Justice drew attention to the fact that the document that passed the title to the defendants Matthews, Russell, and Murdoch, and through which they became registered as owners, was not a proper transfer according to the Land Transfer Act. He says, in effect, that though they are registered as owners, yet, as this deed was registered in error, their Land Transfer title is useless There must be many other deeds registered in the same way. It is not at all probable that this was a solitary instance of registering a conveyance against an order of the Native Land Court. We do not know what effect a sale to third parties would have upon the matter, but we do not suppose a title founded upon an illegal transfer would hold good even in such a case, though no doubt the purchaser would have his remedy. The whole matter shows the extreme danger and difficulty of dealing with Native Lands. Even when the title is brought under the Land Transfer Act, and everything appears safe sailing, it is still surrounded with dangers which are all the more troublesome from being unexpected.