Purchasers may transfer land under the general or

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Unformatted text preview: Plan. There may not be a separate plan for every block. The Torrens system Robert Torrens, when a member of the South Australian Parliament in 1857, introduced a bill embodying a scheme that he had founded on principles contained in merchant shipping legislation relating to the title of ships. This system is now operating in every state in Australia, as well as in many other countries. Purchasers may transfer land under the general or common law system to the Torrens system, and all grants from the Crown subsequent to the passing of the new legislation are registered under the Torrens system. Torrens Title is a system of title based on registration. Each of the state governments has a Land Titles Office that maintains a central registry of all land in the state covered by the Torrens system. Instead of using deeds to provide documentary proof of ownership, the central register provides this proof. The owner, referred to as the ‘registered proprietor’, is issued with a Certificate of Title that is a duplicate of the entry in the central register (see Figure 33.6, overleaf). While title to land under the general law is transferred by deed, title to Torrens system land is transferred by entry in a public register (see Table 33.2). Everything revolves around the register and TABLE Comparison of systems of title 33.2 COMMON LAW (OLD SYSTEM) TORRENS TITLE Title by a series of deeds Title by registration Loss of a document or any errors may affect title Registered proprietor ho...
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