chapter 1-torrens system

8/13/2019 Chapter 1-Torrens System

http://slidepdf.com/reader/full/chapter-1-torrens-system 1/22

SEMESTER I, 2013/2014



(i) Introduction to Torrens system

• Torrens system was modeled from the system

based on the Merchant Shipping Act 1854 and

Admiralty Rules to overcome the existing

problems posed by the Deed system.

• Principle: a system of land title where a

register of land holdings maintained by the

state guarantees indefeasibility title to thoseincluded in the register.



• A system to place the land on the register

• The register is everything and any dealingmust be registered in order to gain

recognition.

• Sir Robert Torrens introduced this system ofland registration in the colony of South

Australia as the Real Property Act 1857.

– The system was based on the MerchantShipping Act 1854 (dealt with dealings with

ships)



Registration

Indefeasibility of title



The Bee v Maruthamutu [1977] 2 MLJ 7

“ Under the Torrens system the register is everything

and it would be wrong to allow an investigation as to

the right of the person to appear upon the registerwhen he holds the certificate of title”



(a) Confers indefeasibility title upon registration

- Can be defeated where there is:

• Fraud, Forgery, Misrepresentation, Mistake,

Void instrument

(b) Any dealings must be registered in order to confer

title/interest to the new proprietor

- basis of record, not based on an individualproprietor



PRINCIPLES OF TORRENSSYSTEM



• The register reflects all the facts material to the registeredowner’s title in the land

• These material facts are

(a) The name of the proprietor for the time being(b) Particulars of the land, its area & location

(c) Survey plan & boundary limits

• The register reveal all the necessary particulars relating to

the land that would interest a potential purchaser or

chargee

• Contain in register document of title (RDT) and issue

document of title (IDT)

Mirror principle



• In any transaction between the

registered owner and any potential

purchaser, the latter will be concernedonly with the register

• The potential purchase can safely relyon the register and need not look

behind it (may do so if he so wishes)

Curtain principle



It is important to….

(a)Officially register all details regarding

dealings with the land on the title to the

land(b)Registration will give validity to the

dealing by creating a legal estate or

interest in the land(c)All dealings must be effected by

prescribed forms



The law before the NLC 1965

(i) Straits Settlement

(a) Penang – English deed system

(b)Malacca• Before British : Malay customary tenure

(+ Islamic land principles)

– Dutch grants

– English deed system



(ii) Federated Malay States

(a)Before British came : Malay customary land

tenure (+Islamic land law)(b)During British Residency system : Torrens

system

- General Land Regulations (Perak-1879,

Selangor- 1882, N9- 1887, Pahang-1888)

- Registration of Titles Regulations (Selangor-1891, Perak & Pahang- 1897, N9-1898)

- - Land Enactments of 1897 (enacted in all 4

states)



Uniform laws in FMS

(a)F.M.S Land Enactment of 1911

(b)F.M.S Registration of Titles Enactment 1911(the uniformity of laws were made in pursuant

to the formation of the Federated Malay

States Agreement of 1895)



(a) F.M.S Land Enactment of 1911

- Dealt with country lands less than 100acres in

area on Mukim Register (lands formerly heldunder the Malay customary tenure)

(b) F.M.S Registration of Titles Enactment

- Dealt with registry lands (town lands and

country lands exceeding 100 acres and

estates)

continued in force until amended by the Land

Code 1928



(iii) Unfederated Malay States

• Before British occupation: Malay customary

tenure (+ Islamic land principles and someinfluence from the Siamese – Kelantan and

Kedah)

• British Advisory system

–Land Enactment 1910 (Johor)

– Kedah Land Enactment 1906 (amended in

1912) & Concession Enactment 1909

– Kelantan & Terengganu Land Enactment

1938



National Land Code 1965

• NLC was enacted to achieve uniformity of law and

administration of land matters especially in

accordance with the Torrens system.

• Chick Mission (headed by Sir Louis Chick) was set upto study the weaknesses of law and administration in

land matters.

• A report from Chick Mission was submitted to

Commission of Experts.



Reid Constitutional Commission (1956-1957

report)

The present position...is not all satisfactory. In

the Straits Settlements, the law is substantially

similar to the law of England. In the oldFederated Malay States the law is substantially

uniform, subject to certain specialities in

Negeri Sembilan. In the old Unfederated MalayStates, the law is not uniform”



Basic features of National Land Code 1965

(a) Indefeasibility of title upon registration

(b) Adverse possession against state and individual

proprietor is no longer possible

(c) The rules of equity are recognized and applicablefor the protection of unregistered interest.

(d) Possessory rights will not be granted irrespective of

duration of possession- TOL



(e) Reversion of land to the state

- state lease, non-cultivation, non-payment of rest,

breach of conditions, registered owner dieswithout successors, registered owner has

abandoned or surrendered the land to the State

(f) Strata titles recognised- issue of strata or subsidiary titles of sub-divided

buildings such as office complexes and

condominium housing- Repealed and replaced with Strata Titles Act 1985



(g) Four caveats are recognised

- to protect the interest of non-registeredregistrable interest (or caveatable

interest) in the land

- Registrar’s caveat, Private Caveat,Lien-Holder’s caveat, Trust caveat

(h) Provision for granting easement

chapter 1-torrens system

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