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The aim of the torrens system is to provide a single

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The aim of the Torrens System is to provide a single record relating to a particular piece of land. This would give confidence to the purchaser. In Australian there are vast tracts of Crown Land and Native Title Land. Otherwise land in GLL or TSL. GLL is out there because that land was alienated by the Crown before 1862. Any land alienated after 1862 is TSL by s8 of the TLA. GLL may be converted into TSL. A new scheme for conversion was introduced in 1998/9. Sections 8-26 provides that all GLL must be converted into TSL if being sold. Ss10 and 11 provides for voluntary conversion in the absence of transaction. Indefeasibility: Nature and Significance of Indefeasibility – Print Relevant Sections o The Register is required to be created by s27 of the TLA because it operates to vest and divest title. o The register abolishes the doctrine of notice for those who manage to register their interests. o S27 requires the TLO to keep and register of all land and all persons holding interests in such parcels of land. o Folio – division of the register. Each folio has a distinct identifying reference and deals with a particular parcel of land. It records a description of the land and interests in estates in the land and the proprietor of those interests and estates. o The holder of those interests is the registered proprietor (generally fee simple, can be the holder of another interests). o The register must deliver a CoT to the person entitled – s27(b) (6)and(7). o S27(a) an instrument being capable under the TLA will be registered be making or altering recordings in the register by the registrar. o The CoT is a written document containing information about a piece of registered land. Often referred to as the title deed. Simply referred to as the CoT. The CoT must be given if you wish to register a transfer. o The register is conclusive. What can we register? o Transfer document/ memorandum of transfer (s45). o Doc that creates mortgage. o Doc that discharges mortgage (s74). o Doc that creates an easement (s72). o Lease for more than 3 years (s66). o Subleases 3 years plus (s62) o Profit a prendre is arguable. o These documents must be withing the prescribed form or it will not be accepted. Every registered document will be recorded on the folio and on the CoT. S40 of the TLA – provides that no instrument until registered shall be effectual to create, vary or extinguish any interest in any land. [Sterility provision – a 21
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legal estate must be registered, also suggests that unregistered interests in land cannot exist under the Torrens System]. Other provisions allow for unregistered interests – Caveats – notification on the register. S40 is referring only to legal interests. S40(2) when registered the interest has the same efficacy as if it is under
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The aim of the Torrens System is to provide a single record...

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