Land subject to general law or old system title can

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Parliament in 1857. The Torrens system was subsequently adopted by all the other colonies (now states). Any land granted in fee simple by the Crown after the commencement of the Torrens system in that colony/state was subject to Torrens Title. However, land grants prior to the commencement of the Torrens Title system were subject to the general law (or old system) of title. Land subject to general law or old system title can be brought under the Torrens system by primary application, qualified title or limited title. Primary application A primary application must be supported by evidence and documents of title sufficient to establish the applicant’s claim. If the application is granted, the land is brought under Torrens Title by the creation of a folio in the register. Qualified title A qualified title comes into existence upon creation of a ‘qualified folio’ in the register. The land is treated as Torrens Title in respect to all interests recorded in the register at the time of creation and any interests created thereafter. However, there may have been interests existing prior to the creation of the folio and not recorded on the...
View Full Document

This document was uploaded on 04/23/2012.

Ask a homework question - tutors are online