Land Titles Act 1993 · 2020 Revised Edition · Part 16 · Powers of Attorney
148. Exoneration of purchasers
Feedback & supportIn favour of a purchaser of registered land claiming through an instrument executed by an attorney, the power under which the attorney purports to act is presumed to be in full force and effect at the time of such execution unless the purchaser, prior to completion of the purchase, has received notice of the revocation of the power, and the Registrar need not be concerned to inquire as to whether or not any such notice was received.
purchaser
“purchaser” means a person who, in good faith and for valuable consideration, acquires an estate or interest in land, and includes a mortgagee, chargee and lessee; and
This section does not operate to prolong the duration of a power which is expressed to terminate on a specified day, nor does it validate any act of the attorney done after that day.
An attorney who purports to act in exercise of a power after the attorney has received notice of its revocation is liable to the same penalties as if the attorney had made a statutory declaration that, at the time of so purporting to act, the power had not been revoked.
attorney
“attorney” means any person appointed by an instrument under seal to act as the agent for or on behalf of a principal in relation to transactions with registered land, whether the agent is called attorney, receiver, broker, factor or otherwise and, where the context admits,
Nothing in this section prejudices the right of a principal to recover damages from, or to institute other proceedings against, an agent who has exceeded the agent’s authority.