Proof and time in title cancellation and registration actions

How is a proof plan constructed in claims of defective registration, collusion with the deceased and abuse of authority?

The principle of reliance on the land register does not confer absolute protection where the register does not reflect the truth. In cancellation actions based on defective registration, the absence, nullity or collusive character of the underlying act must be shown.

In collusion with the deceased, the facts of life, witnesses and whether the price was paid are read together. In abuse of a power of attorney, the text of the mandate, the date of the act and the capacity of the beneficiary are decisive. Limitation and preclusive periods vary with the legal ground; that distinction must be drawn at the outset of the file.