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Torrens title is a system of land title where a register of land holdings maintained by the state guarantees indefeasible title to those included in the register. The system was formulated to combat the problems of uncertainty, complexity and cost associated with old system title, which depends on proof of an unbroken chain of title back to a good root of title. Image File history File links Scale_of_justice. ...
Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
A gift, in the law of property, has a very specific meaning. ...
In common law real estate law, adverse possession is a means of acquiring title to anothers real property without compensation, by, as the name suggests, holding the property in a manner that conflicts with the true owners rights. ...
A deed is a legal instrument used to grant a right. ...
In the common law of property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come into...
Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ...
A license or licence is a document or agreement giving permission to do something. ...
Estate is a term used in the common law. ...
Allodial title is a concept in some systems of property law. ...
Fee simple, also known as fee simple absolute or allodial, is a term of art in common law. ...
A life estate, at common law is an estate in real property that ends at death. ...
Fee tail is an obsolescent term of art in common law. ...
In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ...
A concurrent estate or co-tenancy is a concept in property law, particularly derived from the common law of real property, which describes the various ways in which property can be owned by more than one person at a given time. ...
A leasehold estate is an ownership interest in land in which a lessee or a tenant holds real property by some form of title from a lessor or landlord. ...
Conveyancing is the act of transferring the ownership of a property from one person to another. ...
A bona fide purchaser (or BFP), in the law of real property, is a person who purchases land for value, without notice of any other partys claim to the title to that land. ...
Estoppel by deed is a doctrine in the law of real property that arises where a party conveys title to land that he does not own to a bona fide purchaser, and then acquires title to that land. ...
A quitclaim deed is a term used in property law to describe a document by which a person disclaims any interest the grantor might have in a piece of real property, and passes that claim to another person (the grantee). ...
A mortgage is a method of using property as security for the payment of a debt. ...
Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time that they sign a contract binding them to purchase the land at a later date. ...
This page is a candidate to be copied to Wiktionary. ...
In property law and real estate, a future interest - is an interest that accompanies a defeasible estate. ...
A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. ...
The Rule against perpetuities is a rule in property law that requires that no interest in property is valid unless: 1) it must vest, if at all, 2) not later than 21 years 3) after one or more lives in being 4) at the creation of the interest. ...
The Rule in Shelleys Case, dating from the 14th century, is a famous if now almost useless legal rule that is now the bane of most first-year law students studying common law real property law. ...
In the common law of England, the doctrine of worthier title was a legal doctrine that preferred taking title to real estate by descent over taking title by devise or by purchase. ...
A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. ...
An easement is the right of use over the real property of another. ...
A profit, in the law of real estate, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. ...
A covenant running with the land, in the law of real property, is a nonpossessory interest in land in the form of an agreement between adjoining landowners to do or not do something with relation to the land that they respectively occupy - to maintain a fence, for example, or not...
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land, requiring the landowner to maintain certain practices with respect to the land (e. ...
In the law of real property, fixtures are anything that would otherwise be a chattel that have, by reason of incorporation or affixation, become permanently attached to the real property. ...
Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. ...
A partition is a term used in the law of real property to describe the court-ordered division of a concurrent estate into separate portions representing the proportionate interests of the tenants. ...
Riparian water rights is a system of allocating water among the property owners who abut its source. ...
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. ...
An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ...
Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ...
The law of evidence governs the use of testimony (eg. ...
In law, land registration is a system by which the ownership of estates in land, is recorded and registered, usually by government, in order to provide evidence of title and to facilitate dealing. ...
The Torrens title system was introduced in South Australia in 1858, formulated by then colonial Premier of South Australia Sir Robert Torrens. Since then, it has become pervasive around the Commonwealth of Nations and very common around the globe, the United States being a notable exception. Motto: United for the Common Wealth Nickname: Festival State Other Australian states and territories Capital Adelaide Government Governor Premier Const. ...
1858 (MDCCCLVIII) is a common year starting on Friday of the Gregorian calendar (or a common year starting on Sunday of the 12-day-slower Julian calendar). ...
This is a list of Premiers of South Australia. ...
Sir Robert Richard Torrens (1814 – 1884) was an Australian politician and one of the earliest Premiers of South Australia. ...
The Commonwealth of Nations, usually known as The Commonwealth, is an association of 53 independent sovereign states, almost all of which are former territories of the British Empire. ...
Background
Common law At common law, land owners needed to prove their ownership of a particular piece of land back to the earliest grant of land by the Crown to its first owner. The documents relating to transactions with the land were collectively known as the "title deeds" or the "chain of title". This event could have occurred hundreds of years prior and could have been intervened by dozens of changes in the land's ownership. A person's ownership over land could also be challenged, potentially causing great legal expense to land owners and hindering development. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ...
A deed is a legal instrument used to grant a privilege. ...
Even an exhaustive search of the chain of title would not give the purchaser complete security, largely because of the principle nemo dat quod non habet ("no one gives what he does not have") and the ever-present possibility of undetected outstanding interests. For example, in Pilcher v Rawlins (1872) the vendor conveyed the fee simple estate to P1, but retained the title deeds and fraudulently purported to convey the fee simple estate to P2. The latter could receive only the title retained by the vendor - in short, nothing. Nemo dat quod non habet, literally meaning no one [can] give what they dont have is a legal rule, sometimes called the nemo dat rule that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. ...
1872 (MDCCCLXXII) was a leap year starting on Monday (see link for calendar) of the Gregorian calendar or a leap year starting on Wednesday of the 12-day-slower Julian calendar. ...
The common law position has been changed in minor respects by legislation designed to minimise the searches that should be undertaken by a prospective purchaser. In some jurisdictions, a limitation has been placed on the period of commencement of title a purchaser may require.
Deeds registration The effect of registration under the deeds registration system was to give the instrument registered "priority" over all instruments that are either unregistered or not registered until later. The basic difference between the deeds registration and Torrens systems is that the former involves registration of instruments while the latter involves registration of title.
Moreover, though a register of who owned what land was maintained, but it was unreliable and could be challenged in the courts at any time. The limits of the deeds registration system meant that transfers of land were slow, expensive, and often unable to create certainty of title.
Creation of the Torrens system In order to resolve the deficencies of the common law and deeds registration system, Robert Torrens introduced the new title system in 1858, after a boom in land speculation and a haphazard grant system resulted in the loss of over 75% of the 40,000 land grants issued in the province (now state) of South Australia. He established a system based around a central registry of all the land in the jurisdiction of South Australia, embodied in the Real Property Act 1886 (SA). All transfers of land are recorded in the register. Most importantly, the owner of the land is established by virtue of their name being recorded in the government's register. The Torrens title also records easements and the creation and discharge of mortgages. Sir Robert Richard Torrens (1814 – 1884) was an Australian politician and one of the earliest Premiers of South Australia. ...
1858 (MDCCCLVIII) is a common year starting on Friday of the Gregorian calendar (or a common year starting on Sunday of the 12-day-slower Julian calendar). ...
This article is about political regions. ...
A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, which successfully claims the monopoly of the use of force. ...
Motto: United for the Common Wealth Nickname: Festival State Other Australian states and territories Capital Adelaide Government Governor Premier Const. ...
1886 (MDCCCLXXXVI) is a common year starting on Friday (click on link to calendar) // Events January 18 - Modern field hockey is born with the formation of The Hockey Association in England. ...
An easement is the right of use over the real property of another. ...
A mortgage is a method of using property as security for the payment of a debt. ...
The historical origins of the Torrens title are a matter of considerable controversy. Torrens himself acknowledged adapting his proposals from earlier systems of transfer and registration, particularly the system of registration of merchant ships in the United Kingdom. James E. Hogg, in Australian Torrens System with Statutes (1905), has shown that Torrens derived ideas from many other sources and that he received assistance from a number of persons within South Australia. Stanley Robinson, in Transfer of Land in Victoria (1979) has argued that Ulrich Hübbe, a German lawyer living in South Australia in the 1850s, made the most important single contribution by adapting principles borrowed from the Hanseatic registration system in Hamburg. Cargo ship or freighter is any sort of ship that carries goods and materials from one port to another. ...
1905 (MCMV) was a common year starting on Sunday (see link for calendar). ...
This page refers to the year 1979. ...
// Events and Trends Technology Production of steel revolutionised by invention of the Bessemer process Benjamin Silliman fractionates petroleum by distillation for the first time First transatlantic telegraph cable laid First safety elevator installed by Elisha Otis Science Charles Darwin publishes The Origin of Species, putting forward the theory of evolution...
The foundations of the Hanseatic League (German: Hanse), an alliance of trading cities that for a time in the later Middle Ages and the Early Modern period maintained a trade monopoly over most of Northern Europe and the Baltic, can be seen as early as the 12th century, with the...
Alster Lake at dusk Hamburg is the second largest city in Germany and with the Hamburg Harbour, its principal port. ...
Nevertheless, it cannot be denied that Torrens' political activities were substantially responsible for securing acceptance of the new system in South Australia and eventually, in other Australian colonies. He oversaw the introduction of the system in the face of often vicious attack from his opponents, many of whom were lawyers, who feared loss of work in conveyancing because of the introduction of a simple scheme. The Torrens system was also a marked departure from the common law of real property and its further development has been characterised by the reluctance of common law judges to accept it. A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ...
Conveyancing is the act of transferring the ownership of a property from one person to another. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Overview of the Torrens system The Torrens title system was designed to obviate the need for a chain of title and the necessity of tracing the vendor's title through a series of documents. Each parcel of land is identified by reference to a numbered deposited plan. Each lot of land is the subject of a separate folio in the register. The folio records the dimensions of the land and its boundaries, the names of the registered proprietors, and any legal interests that affect title to the land. There are other parcels of land which simply await conversion.
Indefeasibility of title Indefeasibility of Title applies to the registered proprietor or joint-proprietors of land.
Different States have different laws and provisions. The following relates to Victorian jurisidiction where the Torrens system is manifested in the Transfer of Land Act 1958 (Vic). Upon registration of their interest and subsequent recording on Title of their interest, the registered owner's claim to their interest in that land is superior to all other interests in the land other than the circumstances listed in s.42 Transfer of Land Act 1958 (Vic).
This section indicates that the registered interest holder will be free from all encumbrances other than inter alia:
• THOSE listed on the title;
• THOSE claiming the land on a prior folio(s42(1)(a));
• WHERE the land is included by wrong description on the part of the Registrar and the proprietor is not or has not derived title from a purchaser ‘for value’(s 42(1)(b);
• PARAMOUNT interests (s 42(2)(a)-(f)) - these interests, although even possibly unregistered, are 'superior' to interests that are registered.
Additionally, there exist exceptions or circumstances that can 'penetrate' the indefeasibility. Common factors that, when evidenced by a party, may penetrate and defeat the registered holder's claim include:
• FRAUD - where fraud is committed by the registered interest holder [principle of immediate indefeasibility];
• IN PERSONAM - where it can be shown that there was some contractual promise or undertaking by the registered party vis-a-vis the unregistered party.
• INCONSISTENT LEGISLATION - where legislation is enacted after the Torrens legislation is inconsistent with the Torrens legislation, the later piece of legislation will prevail;
• VOLUNTEER - where the registering party acquires the interest for no consideration (e.g. beqeathed in a will). Note, contrast with Victorian law, in NSW volunteers will become indefeasible.
Adoption Other Australian colonies introduced similar legislation between 1862 and 1875. 1862 was a common year starting on Wednesday (see link for calendar). ...
1875 was a common year starting on Friday (see link for calendar). ...
Nevertheless, it has since become popular throughout the globe as it addresses two major problems identified with poverty in the third world by Hernando de Soto: that of uncertainty surrounding land ownership, and confusion around land transactions. Hernando de Soto (born 1941 in Arequipa) is a Peruvian economist known for his work on the informal economy. ...
Civil law The more or less equivalent concept in the French civil law is that of the cadastre. Cadastre (a French word from the Late Latin capitastrum, a register of the poll-tax) is a register of the real property of a country, with details of the area, the owners and the value. ...
Strata titles are an enhancement of Torrens Title for apartment buildings. Strata Title is a form of ownership devised for multi-level apartment blocks, which have apartments at different levels or strata. Strata title was first introduced in New South Wales, Australia to better cope with apartment blocks. ...
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