Flashcards Studio

On March 2, 2014, A sold Lot 12 to B by private deed; the deed was not registered. On June 15, 2023, the Legislature enacted the Retroactive Land Titles Act (RLTA), which provides: (i) retroactive effect to all land transfers evidenced by a valid contract of sale and payment of taxes, even if not registered as of its effectivity date; (ii) upon filing an application for registration before the Register of Deeds, the transferee shall be issued an owner’s title, subject to existing liens; (iii) this Act shall apply to all pending registrations as of the effective date. The Register of Deeds, in 2024, denied B’s application for registration on the ground that the sale occurred before the Act and was not registered. B sues for registration.

(a) Identify the controlling doctrine on retroactivity of laws under the Civil Code and state the effect of Article 4 on this statute.
(b) Decide whether RLTA’s retroactivity clauses apply to pending applications and to pre-existing unregistered transfers, and explain any limitations.
(c) Apply to the facts and determine whether B is entitled to registration under RLTA, stating the reasons and noting any liens or encumbrances that may affect title.