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78-512: Torrens Act or Torrens ACT may refer to: Torrens title Torrens, Australian Capital Territory The Artizans and Labourers Dwellings Act 1868 ( 31 & 32 Vict. c. 130) in the UK, known as Torrens' Act Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Torrens Act . If an internal link led you here, you may wish to change

156-426: A bargain and sale deed , implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale , or an executor . A so-called quitclaim deed is (in most jurisdictions) actually not

234-464: 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,

312-419: A 'property register'. Title deeds are documents showing ownership, as well as rights, obligations, or mortgages on the property. Since around 2000, compulsory registration has been required for all properties mortgaged or transferred. The details of rights, obligations, and covenants referred to in deeds will be transferred to the register, a contract describing the property ownership. The main difference between

390-708: 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

468-482: A deed "executed by a stranger to the record title hung out in the air like Mahomet's coffin". Mahomet is an archaic spelling of Muhammad . There is a legend that the Prophet Muhammad's coffin was suspended without visible support from the ceiling of his tomb, just as a wild deed just hangs there, not touching the chain of title. Blockchain technology has emerged with the potential to innovate and support

546-425: A deed and an agreement is that the deed is generally signed by only one person / party. Examples of a deed are deeds of hyphenation for creating charge on movable properties in favor of the banks/financial institutions etc. An agreement by its name suggests that there should be at least two parties signing/approving the same. Examples of an agreement are agreement to sale, loan agreement etc. At common law, ownership

624-438: A deed at all—it is actually an estoppel disclaiming rights of the person signing it to property. In some jurisdictions, a deed of trust is used as an alternative to a mortgage . A deed of trust is not used to transfer property directly. It is commonly used in some states — California, for example — to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow ") for

702-406: A deed must meet several requirements: Under the law of England and Wales , a deed may be delivered or otherwise handled in one of three ways: Deeds delivered unconditionally are irrevocable. Section 46(2) of the UK's Companies Act 2006 states that a document executed as a deed by a company is presumed to be delivered upon execution, but this presumption can be rebutted if a contrary intention

780-688: A deed would in real estate transactions" While instances like the house sales in South Carolina and Florida have demonstrated the practical application of NFTs functioning like land deeds in real estate, the legal framework surrounding such transactions remains in a state of development. As of now, the use of blockchain and NFTs to serve a deed-like purpose, as in real estate, operates in a legal gray area, with no direct legal statutes explicitly supporting or regulating this method of property transfer. This emerging field continues to evolve, with legal experts, industry stakeholders, and legislators examining

858-553: 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

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936-549: A loan. When the loan is paid off, title is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds. Sanad , also spelt as sunnud , was a deed granted to the rulers of native princely states in British India confirming them in their ruling position in return for their allegiance to

1014-430: A property is held in concurrent estate such as "joint tenants with right of survivor-ship" (JTWROS) or "tenants by the entirety". In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s). In most states joint tenancy with the right of survivor-ship requires all owners to have equal interests in the property, meaning upon sale or partition of

1092-421: 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

1170-417: A state creates and maintains a register of land holdings, which serves as 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

1248-457: 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

1326-407: Is called a wild deed. The general rule is that a subsequent purchaser is not held to have constructive notice of a wild deed. In the example, Cooper's title is unprotected against subsequent good faith purchasers. Suppose Atwood were to fraudulently sell the same property to another person, Dunn. A court would rule that Dunn has good title to the property, not Cooper. A wild deed has been described as

1404-458: 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

1482-461: 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

1560-475: Is much easier and cheaper to administer, lowering transaction costs. Some Australian properties are still conveyed using a chain of title deeds – usually properties that have been owned by the same family since the nineteenth century – and these are often referred to as 'Old System' deeds. A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed . A wild deed does not provide constructive notice to later purchasers of

1638-435: Is proved. Conditions attached to the acceptance of a deed are known as covenants . A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments. In

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1716-591: 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

1794-459: 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,

1872-423: Is the right to use, possess and enjoy the property for a period of time measured by the natural life of a person or persons. When all life tenants are dead, the remainder-man holds full title. When deeds are taken as joint tenants with rights of survivor-ship (JTWROS) or joint tenants in common (TIC), any co-owner can file a petition for partition to dissolve the tenancy relationship. JTWROS deed holders always take

1950-480: 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

2028-475: 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

2106-633: The British Raj . Since the extinction of the royal bloodline would be a ground for annexation of a principality by the British, some rulers were also granted sanads of adoption. Devised as a reward for loyalty to British rule in India, especially after the Indian rebellion of 1857 , such deeds gave a ruler the right to adopt chosen heirs from local noble families in case of lack of direct issue. Among

2184-577: 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

2262-431: The recorder of deeds , who acts as a cadastre, to be registered. An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third parties, at least as to intervening acts. Ownership transfer may also be crafted within deeds to pass by demise, as where

2340-592: 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

2418-622: 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

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2496-524: 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

2574-551: 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

2652-533: 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

2730-487: 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

2808-639: 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

2886-580: 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

2964-517: The United States, a specialty is enforceable without consideration . In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity . Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants , which, being also under seal, are unilateral promises. At common law , to be valid and enforceable,

3042-444: 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

3120-490: 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

3198-487: 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

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3276-431: 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

3354-498: The first version of Torrens title enacted in the world. Torrens based his proposal on many of 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

3432-530: The full scope of legal authority and personal verification typically associated with notarial services. Nevertheless, proposals exist to further develop blockchain infrastructure, potentially expanding its use as a notarial mechanism in certain applications. The New York State Bar Association has stated that blockchain technology can be employed "to hold and secure records to land deeds" John Morton, attorney at Pillsbury Winthrop Shaw Pittman told Fortune Magazine that NFTs "operate "in many respects exactly like

3510-470: The function of deeds in specific contexts. By design, blockchains contain an immutable ledger of transactions, recording transfers of information among users. Within this system, a particular type of transferable object, known as a non-fungible token (NFT) , can be created. These NFTs are unique, verifiable, and protected against arbitrary tampering, thanks to the immutable nature of the blockchain. By incorporating metadata (additional information embedded in

3588-655: 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

3666-606: The high indefeasibility of a registered ownership) rather than "registration of title". The system does away with 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 ,

3744-578: 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

3822-457: The improvements actually added substantial value to the property. In the United States, a pardon of the President was once considered to be a deed and thus needed to be accepted by the recipient. This made it impossible to grant a pardon posthumously. However, in the case of Henry Ossian Flipper , this view was altered when President Bill Clinton pardoned him in 1999. Germany operates

3900-457: 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

3978-405: 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

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4056-403: The land to Cooper, and Cooper records her deed. But because the previous deed (the deed from Atwood to Burns) was not recorded, Cooper's deed is outside the chain of title. In a title search, someone looking up Atwood's name in the grantor index would find no indication that Atwood conveyed the property, and nothing would lead the searcher to Cooper's deed." A deed that is outside the chain of title

4134-442: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Torrens_Act&oldid=1235133843 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Torrens title Torrens title is a land registration and land transfer system, in which

4212-500: 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

4290-418: The new proprietor, which is merely a copy of the related folio of 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 ,

4368-431: The object), NFTs can be tailored to reference and represent a wide range of assets in both digital and physical worlds. The blockchain’s immutability, proof of transfer and data transparency (information on the blockchain is generally publicly available to view) provide functions akin to those of a notary, such as ensuring the integrity and permanence of records. However, it is important to recognize that it does not replicate

4446-538: The only form of land title registration in Virginia. Washington had voluntary Torrens registration until June 2022, at which time new registrations were discontinued. Existing registrations were terminated on 1 July 2023. Title deed The traditional phrase signed, sealed and delivered refers to the practice of using seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty ; in

4524-470: 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

4602-584: 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

4680-408: The property in equal shares; therefore, if the partnership is dissolved through partition, the proceeds must be equally distributed between all of the co-owners without regard to how much each co-owner contributed to the purchase price of the property. No credits would be allowed for any excess contributions to the purchase price. For example, if A and B co-own property as JTWROS and A contributed 80% of

4758-403: The property, all owners would receive an equal distribution of the proceeds. Joint ownership may also be by tenants in common (TIC). In some states, joint ownership is presumed to be as tenants in common unless the parties are married and the deed so states or the deed sets for joint tenants with right of survivor-ship. Upon death, the decedent's share passes to his or her estate. A life estate

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4836-416: The property, because subsequent bona fide purchasers cannot reasonably be expected to locate the deed while investigating the chain of title to the property. Haupt has stated that Because title searching relies on the grantor/grantee indexes, it's possible that a deed won't be discovered even though it was recorded. "Example: Atwood sells his land to Burns, but Burns does not record his deed. Burns later sells

4914-487: The purchase price, A and B would still receive equal distributions upon partition. On the other hand, TIC deed holders may be granted at partition a credit for unequal contributions to purchase price. During either partition, credits may be awarded to any co-owner who may have contributed in excess of his share to the property expenses after taking deed to the property. Credits may be allowed for utilities and maintenance; however, credits for improvements may not be allowed unless

4992-405: 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

5070-413: 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

5148-470: The rulers that were given sanads of adoption, Takht Singh , Jaswant Singh of Bharatpur , as well as the rulers of Nagod State , Samthar State and the Chaube Jagirs are worth mentioning. The main clauses of a deed of conveyance are: Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. In most parts of the United States, deeds must be submitted to

5226-465: 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

5304-560: 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

5382-671: 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

5460-406: The transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties . The precise name and nature of these warranties differ by jurisdiction. Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or

5538-649: 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

5616-409: The warranty may be limited to only claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed . While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions. A third type of deed, known as

5694-400: 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

5772-614: 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

5850-431: 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

5928-509: Was proven via an unbroken chain of title deeds. The Torrens title system is an alternative way of proving ownership. First introduced in South Australia in 1858 by Sir Robert Torrens and adopted later by the other Australian states and other countries, ownership under Torrens title is proven by possession of a certificate of title and the corresponding entry in the property register. This system removes risks associated with unregistered deeds and fraudulent or otherwise incorrect transactions. It

6006-528: 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)

6084-645: 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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