Land Registration Pt I
Torrens Title
Indefeasibilty
Immediate
Deferred
A system of registration of interest in land
Allows for the efficient transfer of land
The registration provides indefeasible title
Land Title Act 1994 (Qld) s 38.
The indefeasible title for a lot is the current particulars in the freehold land register about the lot.
Land Titles Act 1994 (Qld) s 184(1) A registered proprietor of an interest in a lot holds the interest subject to registered interests affecting the lot but free from all other interests.
History
The system is built upon three abiding principles
Developed by Robert Torrens, building upon German and Hanseatic systems, 'title by registration' was first implemented in South Australia in 1856.
Torrens idea was to implement a land registration system that was reliable, cheap, simple, expeditious and suitable for ordinary people.
Curtain Principle
Insurance Principle
Mirror Principle
Breskvar v Wall (1971) 126 CLR 376
B (RP)
Petrie (P)
Inserts Wall (W) as transferee on transfer FRAUDULENT (W grandson of P
Transfer
(Name of tranferee blank
[carelessness by B] -> Qld Stamp Act s 53(5)
Transfer void and in equity
Became aware of registration of 1st fraudulent transfer to W
Void transfer registered (W-RP)
Sale to Albun P/L
Appropriate form of transfer
handed to Alban on completion
not yet lodged for registration
B lodges caveat before A can register transfer from W
Barwick CJ
The Torrens system of registered title is not a system of registration of title, but a system of title by registration.
The leading authority in supportof interpreting the indefeasibilty acquired upon registration by a registered proprietor under a Torrens Act is immediate upon the registration and is not deferred by reason of the voidness of the instrument leading to registration.
Though registered, indefeasibility may be denied due to the title of the registered interest holder being compromised by a void or voidable instrument which led to the registration
Clement v Ellis HCA
Gibbs v Messer Privy Council
Protection of Individual Terms in Registered Instruments
Dynamic Security
Static Security
The matters that arise in considering how indefeasibility applies to registered instruments such as mortgages involves several dimensions
the nature of the underpinning loan contract and what debt is actually secured by the mortgages
introduction of verification of identity (VOI) responsibilities upon mortgagees in proving the identity of mortgagors to create valid Torrens title mortgage
the implications of forgery
any implications of the introduction of the NMF
Mercantile Credits v Shell Ltd (1976) 136 CLR 326 HCA
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