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Torrens Title: Introduction
The Torrens system of land title registration was introduced in Queensland to address problems with the previous voluntary deeds registration system, including complicated title searches and uncertainty of ownership. It established a system of compulsory, state-guaranteed land title registration governed by the Land Title Act 1994 (Qld). Key elements of the Torrens system include the land title register, which provides indefeasible and guaranteed title, and compulsory registration of interests and instruments to provide certainty. Compensation may be paid under the Act if a person is deprived of an interest in land or suffers loss or damage due to error or omission on the register.
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Torrens Title: Introduction
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- 3. ‘While much ofAustralian real property law has been reshaped by legislation, little attention has been given to the principles underlying much of the legislative reform. An understanding of real property law requires analysis not just of leading cases, but also of detailed legislation.’ Bradbrook et al, Australian Real Property Law (5th ed, 2011), 7
- 4. This subject requiresyou to read legislation. Legislation is at the core of land law.
- 5. Statutory land titleregulation Freehold Property Law Act National Credit Code Land Title Act (Torrens) Community Titles Non-freehold land Land Act Retirement Villages Act Native Title Act Residential tenancies Trusts Act Mineral Resources Act Water Act Retail shop leases Queensland land regulation framework
- 6. A journey throughstatute Version, commence- ment Purpose, objects Structure Geographical extent Persons and things covered
- 7. Land Title Act1994 (Qld) Commencement Purpose Structure In what circumstances does it apply? What does the Act cover? How does it relate to the Property Law Act?
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- 9. Old System Title Whatis old system title? How was title created? How were competitions resolved? How was title conveyed? Identify the problems
- 10. • Private • Cumbersome •Uncertain Old system • Voluntary • Not universal Deeds registration • State guaranteed • Compulsory • Universal Torrens Common law Statutory response
- 11. Key elements ofTorrens The register Instrument Interest Registration Indefeasibility Compensation
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- 13. The register: lookat the LTA
- 14. What is thedifference between… S29 LTA Particulars the registrar may record S30 LTA Registrar must register instruments
- 15. The registrar registersan instrument in the freehold land register by recording in the freehold land register the particulars necessary to identify the instrument. (s173 LTA) • What is the meaning of: – Instrument – Freehold land register – Necessary particulars
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- 17. Creating a loton the register: read the LTA
- 18. Availableformatsforplans: s48ALTA;requirementss50 Adapted from a planof subdivision on the record in the Queensland Department of Natural Resources and Mines (Land Titles Office)
- 19. Lots: what isa lot? Adapted from a plan of subdivision on the record in the Queensland Department of Natural Resources and Mines (Land Titles Office)
- 20. New roads: howare they created? Adapted from a plan of subdivision on the record in the Queensland Department of Natural Resources and Mines (Land Titles Office)
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- 23. CURRENT TITLE SEARCH NATURALRESOURCES & MINES, QUEENSLAND Request No: 106648038 Search Date: 12/07/2002 9:28am Title Reference: 21405036 Date Created: 10/04/1989 Previous Title: 20952963 REGISTERED OWNER EDWARD GOUGH WHITLAM ESTATE AND LAND Estate in Fee Simple LOT 9 REGISTERED PLAN 747474 County of NARES Parish of CAIRNS Local Government: CAIRNS EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 10578325 (POR 387) 2. EASEMENT IN GROSS No 601478984 (N747466) 29/10/1974 BURDENING THE LAND TO COUNCIL OF THE CITY OF CAIRNS OVER EASEMENT K ON RP726686 ADMINISTRATIVE ADVICES - NIL UNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No ** End of Current Title Search ** Creation of indefeasible title – what authority?
- 24. Conveyance: from equitable tolegal title Sign contract Search title Get finance Attend settlement (hand over transfer in exchange for $) Lodge transferTransfer registers
- 25. Under what authorityis this valid?
- 26. Implementing the LandTitle Act
- 27. What can beregistered? Type of interest Find the relevant provision* What is its nature? Grant in fee simple Conveyance of a lot Life interest Lease Mortgage Easement Title by adverse possession Profit a prendre Writ of execution Power of attorney Building management statement Covenant How did you locate this provision? What process did you use?
- 28. Electronic Conveyancing National Law(Queensland) Bill 2012 • Where did you look to find this Bill? • At what stage is the Bill now? • What is its purpose? • How does the Bill interact with other jurisdictions? • What will be its impact on the LTA?
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- 31. What is thedifference between S188 LTA • Compensation for deprivation of a lot or an interest in a lot s188A LTA • Compensation for loss or damage
- 32. Overview Why Torrens? What isthe regulatory structure of freehold land title in Qld? What is the register? What can be registered? Under what circumstances can compensation be paid?