If Mr. Smith sells his property to Ms. Jones and then fraudulently sells it to Mr. Green, who owns the property if Mr. Green registers first?

In property law, the concept of "first in time, first in right" typically applies, particularly when dealing with the registration of interests in land. When Mr. Smith sold the property to Ms. Jones, he transferred his ownership, meaning Ms. Jones should be recognized as the legal owner. However, Mr. Smith’s subsequent fraudulent sale to Mr. Green complicates matters.

If Mr. Green registers the property before Ms. Jones can register her interest, he becomes the recognized owner in the eyes of the Land Registry, assuming he was a bona fide purchaser for value without notice of the prior claim. In many jurisdictions, including Ontario, the registry system offers protection to those who act in good faith and rely on the information contained in the public records.

Thus, although Ms. Jones has a legitimate claim as the rightful owner through her transaction with Mr. Smith, the fact that Mr. Green registered first affects the outcome. If he acted in good faith and without knowledge of Ms. Jones's prior purchase, he would typically be able to assert ownership.

This situation illustrates the importance of the registration process in property transactions, especially in the context of preventing fraud and ensuring that property titles are clear and reliable.