Reference no: EM133857315

Question

In 1979, Bruce brought from Selma a parcel of registered land evidenced by a duly executed deed of sale. Before buying, Bruce inspected the original certificate of title on file with the register of deeds and found no encumbrance annotated thereon. Bruce presented the deed of sale and Selma's owner's duplicate title to the register of deeds. The entry was made in the primary entry book and the corresponding fees were paid as evidenced by the official receipt. However no transfer certificate of title was issued to Bruce because the original certificate of title in Selma's name was temporarily misplaced after fire partly gutted the office of the register of deeds. Meanwhile the land had been possessed by Selma's distant cousin, Tania, openly, adversely and continuously in the concept of owner since 1974. It was only in April 2012 that Bruce sued Tania to recover possession. Tania in her answer invoked the defenses that: (a) Bruce is not an innocent purchaser for value since he should have inspected the land before buying it; and (b) she had acquired ownership over the land by prescription. Decide with reasons.