What does indefeasibility of title mean in Nova Scotia?

• A. Title is guaranteed free of all encumbrances.
• B. Indefeasibility means title can be defeated by any lien.
• C. Indefeasibility means title cannot be defeated except by exceptions.
• D. Indefeasibility means title is not legally recognized.

Answer: (C)

Indefeasibility of title means that once a person’s ownership is registered, their title is secure and cannot be defeated by competing claims, except for a few recognized exceptions. In Nova Scotia’s land-title system, the certificate of title provides conclusive proof of ownership, and third parties cannot challenge that ownership through ordinary claims. The title remains indefeasible except in specific situations such as fraud, forged documents, or errors in the registry. Encumbrances like mortgages or easements may affect the rights attached to the property, but they do not defeat the underlying ownership itself; they are listed on the title as limitations rather than defeating the title. So the idea is that title cannot be defeated except by these narrowly defined exceptions.