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111-477: The offices with similar duties (varying by jurisdiction ) include registrar general , register of deeds, registrar of deeds, registrar of titles . The office of such an official may be referred to as the deeds registry or deeds office. In the United States, the recorder of deeds is often an elected county office and is called the county recorder. In some U.S. states, the functions of a recorder of deeds are

222-464: 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 examine the Certificate of Title,

333-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in

444-708: A Torrens system in 2002 with The Realty in Kind Registration Law, issued by Royal Decree No. 6 on 9/21423H Singapore adopted a version of the Torrens system beginning in 1960 with the Land Titles Act, Chapter 157. Conversion of all titles was completed in 2001. Sri Lanka has introduced a version of the Torrens system known as Bim Saviya under the Registration of Title Act No. 21 of 1998 . The Survey Department of Sri Lanka had started

555-848: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of

666-553: A limited implementation include Minnesota , Massachusetts , Colorado , Georgia , Hawaii , New York , North Carolina , and Ohio . Previously, Virginia and Washington implemented it, however the system has since been repealed in these states. 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 , but

777-484: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over

888-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by

999-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke

1110-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that

1221-575: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than

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1332-421: A prospective purchaser. In some jurisdictions, a limitation has been placed on the period of commencement of title a purchaser may require. The effect of registration under the deeds registration system (also known as " record title ") was to give the instrument registered "priority" over all instruments that are either unregistered or not registered until later. The recording of the deed served to give notice to

1443-492: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although

1554-521: A responsibility of the county clerk (or the county's clerk of court ), and the official may be called a clerk-recorder or recorder-clerk. The recorder of deeds provides a single location in which records of real property rights are recorded and may be researched by interested parties. The record of deeds often maintains documents regularly recorded by the recorder of deeds, including deeds, mortgages , mechanic's liens , releases and plats , among others. To allow full access to deeds recorded throughout

1665-487: A single deeds registry provides some clarity, even though it cannot "guarantee" those real property rights. The legal certainty provided by a title deed issued under the registration of the recorder of deeds is of great significance to all parties who hold, or wish to acquire rights in real property. Certainty of title is the basis for the investment of massive amounts of money in real estate development for residential, commercial, industrial and agricultural use each year. This

1776-641: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has

1887-457: A streamlined process. New Brunswick and Nova Scotia converted from a Deeds registration system to a Torrens title system in the 2000s, with the expense of the changeover charged to the purchaser. The only provinces in Canada which do not have Torrens titles include Newfoundland and Labrador , Prince Edward Island , and Quebec, which is a civil rather than common law jurisdiction and instead uses

1998-465: Is associated with tenure security. When conveyancers transfer title, they are expected to follow rigid procedures which involve ensuring the title and the property comply with all the relevant legislation and regulations, leading to a high degree of certainty and accuracy. Recent concerns about the standard of legal education in South Africa, however, has raised concerns about whether this is still

2109-458: Is compulsory to create a folio in the land registry if land is sold/transferred/subdivided, multi-storey buildings are erected, or a new lease (over five years) is created. 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

2220-517: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction

2331-461: 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. The registered proprietor of Torrens land is said to have an indefeasible title, which means that his or her title can be challenged only in very limited circumstances (see following). The register of titles

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2442-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised

2553-515: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In

2664-564: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,

2775-591: Is recognised as a separate form of ownership. Some land remains as Crown Land (i.e. in New Zealand, public land). The Torrens system was established in the Philippines on 6 November 1902, by the enactment of Act No. 496 , "The Land Registration Act", which was virtually identical to the Real Property Act of Massachusetts of 1898. Russia adopted the Torrens system soon after the founding of

2886-400: Is said to confer “indefeasibility of title” to the person or persons registered on the register as proprietor or joint proprietors of land. Although the concept of indefeasibility is similar to that of conclusive evidence , in practice there are some limitations to indefeasibility, and different jurisdictions have different laws and provisions. For example, in the Australian state of Victoria,

2997-592: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have

3108-438: Is the legal term for the legal authority granted to a legal entity to enact justice . In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state , and federal). Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and the powers of the executive and legislative branches of government to allocate resources to best serve

3219-417: Is the survey of specific land parcels to define ownership for land registration, and for equitable taxation. Proposals to implement Torrens title systems in the United States have been strenuously opposed by the title insurance industry. The high initial cost of Torrens registration is another barrier to the system's implementation. The Torrens system is used in the U.S. territory of Guam . States with

3330-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error

3441-457: Is why the meticulous recording of registration information by the recorder of deeds is so important. Each document recorded against title to real estate can be examined and the portion of the bundle of rights that it includes can be determined. These records can assist interested parties in researching the history of land and the chain of title for any property and purpose. The Registry of Deeds exists in almost all cities and municipalities in

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3552-475: The Real Property Act 1886 ), all Australian colonies introduced the Torrens system between 1858 and 1875. Since then, each colony, and since 1901, state or territory , has maintained its own land titles register of land. The Torrens system did not replace the common law system but applied only to land grants effected after the introduction of the Torrens system in the jurisdiction and to land that

3663-615: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,

3774-456: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with

3885-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over

3996-550: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At

4107-577: The cadastre system. Fiji's Torrens statute is the Land Transfer Act 1971. The Dominican Republic has been using the Torrens Title System since 1920. All of commercial property and most real estate within the main cities are registered and thus guaranteed under the system. 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

4218-475: The common law system of record title . Typically, they are filed in chronological order with a grantor/grantee index. [REDACTED] Media related to Recorder of deeds at Wikimedia Commons Recording process: Directory: Organizations: Specific offices: Commercial Online Providers: Software and Service Providers: South Africa: Ukraine: Jurisdiction Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration')

4329-409: The conclusive evidence (termed " indefeasibility ") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds . The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of

4440-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of

4551-782: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all

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4662-579: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on

4773-647: The (more urban) counties of Cork, Dublin, Galway, Limerick and Waterford in 2010, thus extending mandatory Torrens title to every part of the Republic of Ireland. A Torrens title system was implemented by the British in Mandatory Palestine , and has continued in use since Israel's foundation in 1948. As of 2016, about 4% of the country's land area is still registered under a pre-Torrens, deeds registration system. Malaysia has adopted three versions of

4884-579: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C.   § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between

4995-733: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in

5106-622: The Dominican Republic. Ireland first began to operate a Torrens Title system in 1892. So-called registered land (i.e. land held under a Torrens title) is recorded in the Republic of Ireland using a system of numbered county-level folios. The land registry is operated by the Property Registration Authority, a government agency, and records both freehold and leasehold titles, along with easements/profits-a-prendre, mortgages, and any other charges over land. It

5217-470: The European Continent. Over the course of the 19th and 20th centuries, franchise jurisdictions were largely eliminated. Several formerly important franchise courts were not officially abolished until Courts Act of 1971 . Torrens title 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

5328-621: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces

5439-820: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless

5550-496: The Philippines and it has a primary duty of registering and keeping all documents pertaining to transfer of real property and issuance of certificates of land title, whether original, transfer or condominium as well as chattel mortgage papers. The said agency is under the supervision of the Land Registration Authority , Department of Justice . The South African system of deeds registry is unique in that it

5661-524: The Soviet Union. Currently, the accounting and registration system for rights to immovable property in Russia is governed by two federal laws, which have adopted some of the elements and principles of the Torrens system. Accounting for land, buildings and natural sites is recorded in a database of real estate cadastre under federal law of 2007 No. 221-FZ "On State Real Estate Cadastre". Transactions by

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5772-582: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside

5883-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle

5994-551: The Torrens system is manifested in the Transfer of Land Act 1958 (Vic). 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.42 of that Act, which provides that the title of the registered interest holder is subject to, inter alia : Additionally, there are other exceptions or circumstances that can defeat indefeasibility, such as: The adoption of

6105-533: The Torrens system. In the 20th century, academics and judges disagreed about whether to interpret indefeasibility as "deferred" or "immediate". In 1967, the Privy Council in Frazer v Walker decided that a registered owner will obtain an indefeasible title to an interest or estate as soon as they become the registered owner of the interest or estate (the principle of immediate indefeasibility). The 1952 Act

6216-487: The Torrens system: New Zealand adopted a similar system from 1870 under the Land Transfer Act, 1870 The Land Transfer (Compulsory Registration of Titles) Act 1924 brought most of the remaining land in the country under the Torrens system and by 1951 the register was considered complete, although small remnants of land may still exist under the deeds system. The Land Transfer Act 1952 further implemented

6327-639: The Torrens title registry throughout the British Commonwealth, and its legal context, was covered in depth by James Edward Hogg in 1920. The first sale of land registered under the system was to pastoralist William Ransom Mortlock (later elected to the South Australian House of Assembly ) on 25 August 1858. Starting in South Australia with the Real Property Act 1858 (which was later repealed and replaced by

6438-546: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer

6549-580: The Unified State Register of 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 cover most essential information about an object runs open cadastral map. With a fairly simple web forms can be found and read a part of the information on any object property. These laws are not, however, establish an immediate full liability of

6660-598: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under

6771-444: The account holder of these facilities is recorded in another database: “the Unified State Register of rights to immovable property and transactions with them” on the basis of federal law of 1997 No. 122-FZ "On State Registration of Rights to Real Estate and Transactions Therewith". Both laws established openness cadastre and registry information, and assigned to a single organization responsible for their management - Rosreestr . Entry in

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6882-759: The area of a county or equivalent jurisdiction. In some states, the recorder of deeds may also act as a public posting place for documents that are not directly related to estates in land , such as corporate charters , military discharges , Uniform Commercial Code records, applications for marriage licenses, and judgments . Deeds in a few states of the U.S. are maintained under the Torrens title system or some limited implementation of it. (For example: Minnesota , some property in Massachusetts , Colorado , Hawaii , New York , North Carolina , Ohio , and Washington .) Other U.S. states maintain their deeds under

6993-575: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of

7104-459: The case. The South African Registrar of Deeds is responsible for the national system of deeds offices which, through a juristic foundation and long-standing practices and procedures, has the effect of “guaranteeing” title. The Deeds Registries Act and Sectional Titles Act are applied to regulate the deeds registry system, and form the foundation of land registration in South Africa. In the U.S., most recorders of deeds are elected officials who serve

7215-490: The chain of title would not give 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 Rawlins (1872), the vendor conveyed the fee-simple estate to P1, but retained the title deeds and fraudulently purported to convey

7326-487: The deeds-registration system meant that transfers of land were slow, expensive, and often unable to create certain title. Sir Robert Richard Torrens, Registrar-General and Treasurer of the colony of South Australia and later a member of the House of Assembly , lobbied for many years for a new title system to improve the currently cumbersome, slow and expensive system of land transfer. He was largely responsible for shepherding

7437-620: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by

7548-493: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if

7659-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or

7770-609: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts

7881-431: 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

7992-655: The government taking over ownership of land its occupants cannot prove ownership of and the high possibility of fraud, lack of recognition of Certificate of Title issued under the Bim Saviya program and the lack of provisions for co-ownership. Thailand adopted the Torrens system in 1901 after King Chulalongkorn established The Royal Thai Survey Department , a Special Services Group of the Royal Thai Armed Forces, engaged in Cadastral survey , which

8103-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction

8214-499: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and

8325-643: The ideas incorporated in the Act from Ulrich Hübbe , a German lawyer living in South Australia at that time, who had expert knowledge of the Hanseatic registration system in Hamburg . The central aspect of the Torrens system is the land register , in 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 . Ownership of

8436-454: The ideas of Ulrich Hübbe , a German lawyer living in South Australia. The system has been adopted by many countries and has been adapted to cover other interests, including credit interests (such as mortgages ), leaseholds and strata titles . 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

8547-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers

8658-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to

8769-575: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert

8880-546: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of

8991-414: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction

9102-457: The land and its boundaries, the name of the registered owner, and any legal interests that affect 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 the record on the register. The registrar has a duty to ensure that only legally valid changes are made to

9213-405: 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 . 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

9324-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between

9435-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises

9546-438: The need for proving a chain of title ( i.e. , tracing title back in time through a series of documents). The State guarantees title, and the system is usually supported by a compensation scheme 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 law ,

9657-535: The needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to

9768-500: The new Bill through Parliament, enacted in 1858 as the Real Property Act 1858 . The system laid out in this bill became known as the Torrens title system, and was based on a central registry of all the land in the jurisdiction of South Australia. Torrens drew ideas from the system of registration of merchant ships in the United Kingdom, experience gained from his years of working as a customs official. He also used many of

9879-446: The office history, several indexes may be maintained, which include grantor–grantee indexes , tract indexes , and plat maps . Storage methods to record registry entries include paper, microform , and computer. The principles of statutory, case, and common law are given effect by the recorder of deeds, insofar as it relates to vested ownership in land and other real rights. Because estate in land can be held in so many complex ways,

9990-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,

10101-470: The ownership rights of the registered owner, such as a mortgage , can 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. Claims for compensation are very rare. The main difference between

10212-571: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by

10323-563: The prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When

10434-584: The process of surveying government and private own land for the entry into the Bim Saviya registration. As of date the process has not finished in land surveying and converting land owners original deeds into Certificate of Titles . The program has become highly controversial, with claims that it mirrors the reclamation of crown land by the British colonial government of Ceylon under the Prevention of Encroachments upon Crown Lands Ordinance No 12 of 1840 with

10545-533: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and

10656-405: The register information being paramount. This contrasts with a common law title, which is based on the principle that a vendor cannot transfer to a purchaser a greater interest than he or she owns. 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 were defective in any way, so would be the purchaser's title. Hence, it

10767-446: The register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Sir Robert Richard Torrens (1812–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the Real Property Act 1858 in the province of South Australia , the first version of Torrens title enacted in the world. Torrens based his proposal on many of

10878-413: 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. Similarly, any interest which affects or limits

10989-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as

11100-465: The seller. Since the system had been adopted by initiative, the legislature had no authority to correct those deficiencies. By an initiative adopted in 1954, the legislature was given authority to amend or repeal the system, and, in 1955, it was repealed. Virginia enacted a Torrens system option. However, it never became popular and the Torrens Act was abolished in 2019. Record title is now

11211-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in

11322-457: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of

11433-560: The state for the correctness of the information contained in databases. In 2015, the State Duma has been registered a bill that covers public access to information about the owners of the property. The bill was supported by the Government. According to some experts, the restriction of information openness reduces the chances of identifying the public cases of illegal enrichment and increases business risks. Saudi Arabia introduced

11544-671: The system was allowed to expire on 1 January 1992, after it was found to be unpopular with lenders and other institutions. California adopted the Torrens System in 1914 pursuant to an initiative statute. Although participation in the system was voluntary, once an owner had registered his land, he could not withdraw from the system. The Torrens System, as adopted in California, did not protect buyers from defects caused by federal tax liens, federal bankruptcy proceedings, or from incompetency, divorce, or probate proceedings affecting

11655-649: The 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 owner. The documents relating to transactions with the land are collectively known as the " title deeds " or the "chain of title". This event may have 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

11766-400: The world of the conveyance of title to the grantee named in the deed. 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

11877-614: The world was established in 1861 in the then-British colony of Vancouver Island , now part of the Canadian province of British Columbia . Canada, through the federal Parliament in 1886, implemented the Torrens system in the Northwest Territories . It has continued to be used by the three Prairie provinces ( Alberta , Saskatchewan and Manitoba ) into which the southern part of the Northwest Territories

11988-431: Was divided. British Columbia uses a modified Torrens system. Since 1885, Ontario has used an English system, which is not a 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 properties still under deeds registration, a 40-year rule governed title, but the government converted them under

12099-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in

12210-528: Was superseded by the Land Transfer Act 2017 . The 2017 Act introduces a judicial discretion to cancel an owner's registration of title in cases of "manifest injustice", which arguably frustrates the certainty of title considered fundamental to the principle of immediate indefeasibility. In New Zealand most land is held under the Torrens Title system, although remnants of the old system of land title still remain. Māori customary title (native title)

12321-645: Was voluntarily registered under the relevant Act. In Australia most land is now held under the Torrens system, although remnants of the old system of land title still remain, called “General law land”. All land in the Australian Capital Territory is leasehold (effectively Torrens freehold), while much of the Northern Territory is held under Crown lease. Native Title is recognised as a separate form of ownership. Some land remains as Crown Land . The second Torrens jurisdiction in

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