The Key Features Of The Torrens System
I INTRODUCTION
The Torrens system was first introduced in South Australia in 1858, with other states soon adopting similar legislation. Thus, the Torrens system has come to underpin the transfer of land within Australia. The key feature of the this system is that it involves independent titles, as opposed to the dependent nature of old system title, which required a retrospective investigation of title each individual time the land was conveyed. Moreover, the recognition of equitable rights forms the basis of the caveat system in the Torrens system.
This system is one whereby legal title is created or transferred by registration. For each separate and individual portion of land, a separate indefeasible title is created within the register. …show more content…
Thus unregistered interests can be protected in a limited number of ways under the Torrens system. An unregistered interest may be protected through lodging a caveat; the primary and most successful avenue available for protecting unregistered interests in the land.
A caveat is a document which, when lodged in respect to a particular piece of land, prevents registration of any dealings relating to that land which are inconsistent with or which might defeat the interest claimed in the caveat. A caveat, while it remains in force, will prevent registration that has the potential to conflict with, or adversely affect, the unregistered interest. It will also provide notice of the unregistered interest, to anyone searching the register and constructive notice to anyone who ought to search. It also may be used to prevent the registration of an improper dealing with a registered interest. There are a vast number of characteristics of the caveat system, which aim to protect the rights of the individual possessing an unregistered …show more content…
This recognition is the foundation of the scheme of caveats, which enables such rights to be temporarily protected in anticipation of legal proceedings. Thus, caveats are an important component of the Torrens system, as their core characteristic is to provide protection for unregistered and unregistrable interests of both legal and equitable
The Torrens system was first introduced in South Australia in 1858, with other states soon adopting similar legislation. Thus, the Torrens system has come to underpin the transfer of land within Australia. The key feature of the this system is that it involves independent titles, as opposed to the dependent nature of old system title, which required a retrospective investigation of title each individual time the land was conveyed. Moreover, the recognition of equitable rights forms the basis of the caveat system in the Torrens system.
This system is one whereby legal title is created or transferred by registration. For each separate and individual portion of land, a separate indefeasible title is created within the register. …show more content…
Thus unregistered interests can be protected in a limited number of ways under the Torrens system. An unregistered interest may be protected through lodging a caveat; the primary and most successful avenue available for protecting unregistered interests in the land.
A caveat is a document which, when lodged in respect to a particular piece of land, prevents registration of any dealings relating to that land which are inconsistent with or which might defeat the interest claimed in the caveat. A caveat, while it remains in force, will prevent registration that has the potential to conflict with, or adversely affect, the unregistered interest. It will also provide notice of the unregistered interest, to anyone searching the register and constructive notice to anyone who ought to search. It also may be used to prevent the registration of an improper dealing with a registered interest. There are a vast number of characteristics of the caveat system, which aim to protect the rights of the individual possessing an unregistered …show more content…
This recognition is the foundation of the scheme of caveats, which enables such rights to be temporarily protected in anticipation of legal proceedings. Thus, caveats are an important component of the Torrens system, as their core characteristic is to provide protection for unregistered and unregistrable interests of both legal and equitable