The Torrens system

WORKING WITH STATUTESContext

‘While much of Australian 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

This subject requires you to read legislation. Legislation is at the core of

land law.

Statutory land title regulation

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

A journey through statute

Version, commence-ment

Purpose, objects

Structure

Geographical extent

Persons and things covered

Land Title Act 1994 (Qld)

Commencement Purpose Structure

In what circumstances does it apply?

What does the Act cover?

How does it relate to the Property Law

Act?

BACKGROUNDThe Torrens System

Old System Title

What is old system title?

How was title created?

How were competitions resolved?How was title conveyed?

Identify the problems

• Private • Cumbersome• Uncertain

Old system

• Voluntary • Not universal

Deeds registration • State

guaranteed• Compulsory• Universal

Torrens

Common law Statutory response

Key elements of Torrens

The register

Instrument

Interest

Registration

Indefeasibility

Compensation

THE REGISTERTorrens

The register: look at the LTA

What is the difference between…

S29 LTA

Particulars the registrar may record

S30 LTA

Registrar must register instruments

The registrar registers an 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

Registration of instruments: read the LTA

Creating a lot on the register: read the LTA

Availa

ble

form

ats

for

pla

ns:

s4

8A

LTA

; re

quir

em

ents

s5

0

Adapted from a plan of subdivision on the record in the

Queensland Department of

Natural Resources and Mines (Land

Titles Office)

Lots: what is a lot?

Adapted from a plan of subdivision on the record in the

Queensland Department of

Natural Resources and Mines (Land

Titles Office)

New roads: how are they created?

Adapted from a plan of subdivision on the record in the

Queensland Department of

Natural Resources and Mines (Land

Titles Office)

Easements, boundaries: s50 LTA

Ap

pro

vals

, co

nse

nts

: s5

0 L

TA

CURRENT TITLE SEARCH NATURAL RESOURCES & 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?

Conveyance: from equitable to legal title

Sign contract Search title Get finance

Attend settlement (hand over transfer in

exchange for $)

Lodge transferTransfer registers

Under what authority is this valid?

Implementing the Land Title Act

What can be registered?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?

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?

COMPENSATIONTorrens

Compensation: read the LTA

What is the difference between

S188 LTA• Compensation for

deprivation of a lot or an interest in a lot

s188A LTA• Compensation for loss

or damage

Overview

Why Torrens?

What is the regulatory structure of freehold land title in Qld?

What is the register?

What can be registered?

Under what circumstances can compensation be paid?