indefeasible

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Indefeasible

That which cannot be defeated, revoked, or made void. This term is usually applied to an estate or right that cannot be defeated.

indefeasible

adj. cannot be altered or voided, usually in reference to an interest in real property.

indefeasible

not liable to be annulled or forfeited.

Collins Dictionary of Law © W.J. Stewart, 2006

INDEFEASIBLE. That which cannot be defeated or undone. This epithet is usually applied to an estate or right which cannot be defeated.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

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References in periodicals archive ?

indefeasibility means that the powers of public officials to recognize,

OF BRUTAL MURDER AND TRANSCENDENTAL SOVEREIGNTY: THE MEANING OF VESTED PRIVATE RIGHTS

The domestic law must explicitly state the indefeasibility of indigenous rights and a method for outside entities to negotiate with local tribes for traditional knowledge licensing transactions.

Reconciling patent law and traditional knowledge: strategies for countries with traditional knowledge to successfully protect their knowledge from abuse

An agreement of this type, in which it entered on an indefinite period, it would be fully void, the partition's indefeasibility being of public order (Deak, 2002: 493).

Bringing justice back in: legislation and case law evolution concerning partition by court and rule of partition in kind

(11) The cornerstone of Torrens is indefeasibility of title of the registered interests.

State of origin: Queensland Crown leasehold lessons from New South Wales

Immediate indefeasibility proposes that once a fraudulent document becomes registered, it cannot be annulled.

Mortgage Mayhem

As claims to enforce pre-existing trust property they would be defeated by the principle of indefeasibility of title.

Recipient liability under the Torrens system: some category errors

In default unification this follows from the indefeasibility of reduplicant specific information, and thus the zero effectively eliminates an onset consonant inherited from the base, as shown in Figure 18 for Hindi ghore ore.

Fixed segmentism and dual description *

It is to be noted that Bogdanovic contains no discussion of the rationale for distinguishing between the indefeasibility of title of a purchaser for value as distinct from a mere volunteer.' (52)

Exposing the failings of our betters: bad laws don't improve with age

(210) This binary division hardly seems to address the facilitative functions of a land titles statute but it may be relevant if a province or third party seeks to rely upon the indefeasibility provisions of a land titles act to argue that issuance of a certificate of title worked an extinguishment of an Aboriginal title.

The recognition of aboriginal title and its relationship with settler state land titles systems

There may be, for example, some limited legislative exemptions in the form of exceptions to indefeasibility or overriding interests.

Adverse possession and title-by-registration systems in Australia and England

He applied the law of deferred indefeasibility. He wrote, "under this doctrine, the risk of fraud is borne by the immediate parties to the fraudulent transaction ...

Mortgage fraud

C'est, a-t-on dit, principalement pour des raisons pratiques et de securite que la theorie de l'incontestabilite immediate a ete admise en Nouvelle-Zelande et en Australie : [...] the case for immediate indefeasibility is not based on irrefutable logic, but must depend on value judgments concerning the weight of conflicting policies.