Indefeasibilityirrevocability

Indefeasibilityirrevocability refers to a legal concept in which certain property rights or titles are protected from being defeated or revoked by subsequent legal actions, agreements, or external claims once they are duly established. This principle is most prominently applied in systems of land registration such as the Torrens system in Australia, New Zealand, and South Africa, and in parts of the United Kingdom through the Land Registration Act 2002. The doctrine aims to provide certainty and security to property owners, allowing transactions to proceed without the fear that a prior or later claim could invalidate the title.

The statutory framework typically grants a registered title indefeasibly: after successful registration, the title holder has an absolute right that cannot be challenged, except in cases of fraud, mistake, or deliberate misrepresentation. The irreversibility extends to contractual obligations, so once a deed of conveyance is registered, it is generally not revocable by the former owner or by third parties. Courts may, however, set aside a title when there is evidence of wrongful acquisition or when public interest demands intervention.

Practical examples include the issuance of freehold and leasehold titles in the UK, where purchase agreements are recorded, and the rights once recorded are unquestionable unless a particular statutory ground allows for cancellation. In bankruptcy proceedings, a secured creditor may rely on indefeasibility to enforce a mortgage without fear of later challenges by the debtor.

Critics argue that the doctrine can undermine equitable remedies, especially for vulnerable parties who may suffer loss due to unforeseen title defects. There is an ongoing debate about balancing title certainty against the need for flexibility in correcting errors, leading some jurisdictions to consider limited revocability provisions for addressing fraud or systemic injustice.