• • • Torrens title is a system of, in which a register of land holdings maintained by the state guarantees an indefeasible to those included in the register. Land ownership is transferred through registration of title instead of using deeds.

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Its main purpose is to simplify land transactions and to certify to the ownership of an absolute title to realty. It has become pervasive around the countries strongly influenced by Britain, especially those in the. It is named after, GCMG (1814 – 31 August 1884), who was the third Premier of. Contents • • • • • • • • • • • • • • • • • • • • • • • Overview [ ] The Torrens title system operates on the principle of 'title by registration' (granting the high indefeasibility of a registered ownership) rather than 'registration of title.' The system does away with the need for proving a (i.e.

Tracing title through a series of documents). The State guarantees title and is usually supported by a compensation scheme for those who lose their title due to private fraud or error in the State's operation. [ ] In most jurisdictions, there will be parcels of land which are still unregistered. The Torrens system works on three principles: • Mirror principle – the register reflects (mirrors) accurately and completely the current facts about title to each registered lot.

This means that each dealing affecting a lot (such as a transfer of title, a mortgage or discharge of same, a lease, an easement or a covenant) must be entered on the register and so be viewable by cheap online search. • Curtain principle – one does not need to go behind the Certificate of Title as it contains all the information about the title. This means that ownership need not be proved by long complicated documents that are kept by the owner, as in the Private Conveyancing system. All of the necessary information regarding ownership is on the Certificate of Title. • Indemnity principle – provides for compensation of loss caused by private fraud or by errors made by the Registrar of Titles.

Background [ ] Common law [ ] At, land owners needed to prove their ownership of a particular piece of land back to the earliest grant of land by to its first owner. The documents relating to transactions with the land were collectively known as the ' 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.

Even an exhaustive of the chain of title would not give the purchaser complete security, largely because of the principle, ('no one gives what he does not have') and the ever-present possibility of undetected outstanding interests. For example, in the UK case (1872), the vendor conveyed the 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. However, the case was ultimately decided in favor of P2, over P1. The courts of equity could not bring themselves to decide against a totally innocent (without notice) purchaser. The common-law position has been changed in minor respects by legislation designed to minimize 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.