Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence termed "indefeasibility" of title of the person recorded on the register as the Dating transfer of land ownerand of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of
Dating transfer of land, instead of by the use of deeds.
The Registrar would provide a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land.
The system has been adopted by many countries, especially those in the Commonwealth of Nationsand has been extended to cover other interests, including credit interests such as mortgagesleaseholds and strata titles. The design and introduction in of the Torrens system in South Australia is generally attributed to Sir Robert Richard Torrens — 31 Augustwho was Premier of the then colony, though some attribute the design to another.
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 chain of title i. The State guarantees title and is usually supported by a compensation
Dating transfer of land 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: At common lawthe vendor of land needs to show his or her ownership of the land by tracing the chain of ownership back to the earliest grant of land by the Crown to its first Dating transfer of land. The documents relating to transactions with the land are collectively known as the Dating transfer of land transfer of land title deeds " or the "chain of title".
This event may occurred hundreds of years prior and could have had dozens of intervened 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 title search of the chain of title would not Dating transfer of land 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 the UK Court of Chancery case Pilcher v Dating of land  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. 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 Dating transfer of land period of commencement of title a purchaser may require.
The effect of registration under the deeds registration system was to give the instrument Dating transfer of land "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, 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, Dating transfer of land, often unable to create certain title.
To resolve the deficiencies of the common law and deeds registration system, Robert Torrensa member of the colony's House of Assembly, proposed a new title system inand it was quickly adopted.
The Torrens title system was based on a central registry of all the land in the jurisdiction of South Australia, embodied in the Real Property Act SA. All transfers of land are recorded in the register.
Most importantly, ownership of the land is established by virtue of the owner's name being recorded in the government's register. The Torrens title also records easements and the creation and discharge of mortgages.
The historical origins of the Torrens title are a matter of considerable controversy. Torrens himself acknowledged adapting Dating transfer of land proposals from Dating transfer of land systems of transfer and registration, particularly the system of registration of merchant in the United Kingdom.
The Prussian mortgage legislation also served as an example. Hogg, in Australian Torrens System with Statuteshas shown that Torrens ideas from many other sources and that he received assistance from a number of persons within South Australia.
Dating transfer of land, it cannot be denied that Torrens'
Dating transfer of land activities were substantially responsible for securing acceptance of the new system in South Australia and eventually, in other Australian colonies and New Zealand.
The Torrens system was also a marked departure Dating transfer of land the common law of real property and its further development has been characterised by the reluctance of common-law judges to accept it.
The central aspect of the Torrens system is the land registerin which all dealings with land are recorded. The register may be a bound paper record, but today most registers are typically kept in a database.
On the first registration of land under the system, the land is given a unique number called a volume-folio number which identifies the land by reference to a registered plan. The folio records the dimensions of Dating transfer of land land and its boundaries, the name of the registered owner, and any legal interests that
Dating transfer of land title to the land. To change the boundaries of a parcel of land, a revised plan must be prepared and registered.
Once registered, the land cannot be withdrawn from the system. A transfer of ownership of a parcel of land is effected by a change of
Dating transfer of land record on the register. The registrar has a duty to ensure that only legally valid changes are made to the register. To this end, the registrar will indicate what documentation he or she will require to be satisfied that there has in fact been a change of ownership.
A change of ownership may come about because of a sale of the land, or the death of the registered owner, or as a result of a court order, to name only the most common ways that ownership may change.
Dating transfer of land, any interest which
Dating transfer of land or limits the ownership rights of the registered owner, such as a mortgagecan also be noted on the register.
There are legal rules which regulate the rights and powers of each of these interests in relation to each other and in relation to third parties. The State guarantees the accuracy of the register and undertakes to compensate those whose rights are adversely affected by an administrative error. The Dating transfer of land difference between a common law title and a Torrens title is that a member of the general community, acting in good faith, can rely on the information on the land register as to the rights and interests of parties recorded there, and act on the basis of that information.
A prospective purchaser, for example, is not required to look beyond that record. He or she does not need even to the Certificate of Title, the register information being paramount. As with a chain, the seller's title is as good as the weakest link of the chain of title. Accordingly, if a vendor's common law title is defective in any way, so would be the purchaser's title. Hence, it is incumbent on the purchaser to ensure that the vendor's title is beyond question.
This may involve both inquiries and an examination of the chain of title, which can be a protracted and costly exercise each time there is a dealing in the property.
Dating transfer of land registered proprietor of Torrens land is said to have an indefeasible title, which means that only in very limited circumstances see following can his or her title be challenged.
Although the concept of indefeasibility is similar to that of conclusive evidencein practice there are some limitations to indefeasibility, and different Dating transfer of land have different laws and provisions. Upon registration of an interest and subsequent recording on title of the interest, the registered owner's claim to that interest is superior to all other claims other than those listed in s. Additionally, there are other exceptions or circumstances that can defeat indefeasibility, such as:.
The adoption of the Torrens title registry throughout the British Commonwealth, and its context, was covered in depth by James Edward Hogg in All Australian colonies now states and territories introduced the Torrens system between and Since then, each state has maintained a land titles register of land in the state.
The Torrens system did not replace the common law system but applied only to new land grants and to land that has been voluntarily registered under the relevant Act. The common law system continues to apply
Dating transfer of land all other private landholdings. Land in government hands is called crown land. The second Torrens jurisdiction in the world was established in the then-British colony of Vancouver Islandnow part of the Canadian province of
Dating transfer of land Columbia.
SinceOntario has used an English system,  which is not Dating transfer of land Torrens system, but it has similar purposes. In Ontario, electronic registration led to this version covering almost all land, but the past deeds registration still governs some issues. For Dating transfer of land still under deeds registration, a year rule governed title, but the government converted them under
Dating transfer of land streamlined process.
An acceleration of registration for land in the rural areas is underway in the 21st century, to promote a more efficient and effective real estate market in the Dominican Republic. Ireland first began to operate a Torrens Title system in So-called registered land i. The vast majority of land in Ireland by acreage is held under Torrens title as compulsory registration in the land registry upon sale has been a requirement in rural areas for many years.
Compulsory registration was extended to the more urban counties of Cork, Dublin, Galway, Limerick and Waterford in the last decade, thus extending mandatory Torrens title to every part of the Republic of Ireland. A Torrens title system was implemented by Dating transfer of land British in Mandatory Palestineand continued to be used since Israel's foundation in Malaysia has adopted Dating transfer of land versions of the Torrens system:.
Dating transfer of land a similar system The Torrens system was established in the Philippines on November 6, by the enactment of Act No. Russia adopted the Torrens system soon after the founding of the Soviet Union.
Entry in the Unified State Register
Dating transfer of land real property rights is a necessary and sufficient condition for the emergence of property rights to real estate. For information about the property, contained in the cadastre and registry, sufficiently detailed and structured
Dating transfer of land most essential information about an object runs open cadastral map.
Inthe State Duma has been registered a bill that covers public access to information about the owners of the Dating transfer of land. Singapore adopted a version of the Torrens system beginning in with the Land Titles Act, Chapter Thailand adopted the Torrens system in after King Chulalongkorn established The Royal Thai Survey Departmenta Special Services Group of the Dating transfer of land Thai Armed Forces, engaged in Cadastral surveyDating transfer of land is the survey of specific land parcels to define ownership for land registration, and for equitable taxation.
The state of Illinois was the first state to adopt a Torrens Title Act, which used a limited Torrens system in Cook County after the Great Chicago Fire however this system was allowed to expire on January it was found to be unpopular with lenders and other institutions. From Wikipedia, the free encyclopedia.
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Israeli land and property laws. Archived from the original on An Englishman looks at the Torrens system.