See the relevant legislation in table 333 the

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Unformatted text preview: to deal with the land. The register The register contains a certificate or folio for each parcel of land subject to the Torrens system. Originally, the certificates or folios were similar to pages in a big book; however, these manual titles will eventually be converted to computer records, with only the registered proprietor holding a ‘hard copy’ of the certificate or folio. (See the relevant legislation in Table 33.3.) The register records: • the boundaries of the land; • the registered proprietor; and • the nature and extent of all registered encumbrances such as mortgages and covenants. It should be noted that it is possible for differences to exist between the register and the Certificate of Title held by the registered proprietor in respect to registered encumbrances. For example, it is not necessary for the registered proprietor’s Certificate of Title to be lodged with the Land Titles Office for a caveat to be recorded on the title. An intending purchaser should always check the Land Titles Office register and not rely on the registered proprietor’s copy of the Certificate of Title. Although encumbrances are recorded on the register, full details are not supplied. It is therefore necessary for an intending purchaser to examine the actual document that created the encumbrance. TABLE State and territory Torrens registration legislation STATUTE Australian Capital Terri...
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