Due to the importance of property rights to individuals and the economic wellbeing of a country, the Index is intended to provide a comprehensive measure of the protections that are currently in place. [...] The main advantages of the Torrens over the deeds systems are the certainty of title to land offered under the Torrens and the fact that land transactions are simplified and less costly. [...] If the Crown can prove that to the satisfaction of the court that the property is either proceeds of, or an instrument of, unlawful activity, the court is empowered to transfer title to the state. [...] The clearer the definition, the better for property rights and the higher the score. [...] The more permissive and discretionary language, the higher the score, as this would allow the court to tailor the outcome to the circumstances, may be appropriate in many cases.
- Pages
- 42
- Published in
- Canada
