Property Law notes

Topic 5: Torrens Title
Intro

reasons why Torrens Title came into being old system very complex tracing title back security of title the registration of deeds doesn’t fix the above issues especially security
General Register of deeds difficult to search
General Register does not fix any defect
Under Torrens Title indefeasibility of title started with Robert Torrens in SA
NSW started 1963
Since then all grants under Torrens Title
At conveyance of old property transferred to Torrens
US and UK did not adopt Torrens Title
Real Property Act 1900 (NSW)
Though some provisions of Conveyancing Act still apply

Elements of Torrens Title

Torrens register  Registrar General

Is public
Available to public for searching
Doesn’t have to be the owner
Not expensive
Can be done over the net

consists of folio’s each folio relates to an interest in one parcel of land each describes the land who is the registered proprietor (owner) lists any other interests or estate each page has its own reference  each new linked up with that reference

certificate of title copy of the folio that goes to registered proprietor lists everything  easements and restricted covenants

dealings broad term applies to any instrument able to be registered except caveats there are approved forms for any transaction some scope for amendment but cannot change the substance of the form once registered has the effect of a deed (RPA s36) registration creates the legal interest
RG is entitled to refuse to register the dealing without certificate of title
Is practice to do so
Not positively legislated for but the practice offers some protection

what is on the register is central to the idea of Torrens
Gibbs v Messer  “the object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register in order to investigate the history of their author’s title, and to satisfy themselves of its validity” pg 357 CB
what