Flashcards Studio

On February 20, 2019, Kai sold Parcel B to Zee by private deed; the deed was not notarized or registered. On August 15, 2024, the Legislature enacted the Retroactive Real Property Title Act (RRPTA), 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 2025, denied Zee’s application for registration on the ground that the transfer occurred before the Act and was not registered. Zee 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 RRPTA’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 Zee is entitled to registration under RRPTA, stating the reasons and noting any liens or encumbrances that may affect title.