s5 Torrens Registration System

Question 1

what is Torrens System?

Answer 1

it is a type of land registration system

Prior to the Torrens system, the Deeds Registration system existed

Question 2

is the deeds registration system still in operation under legislation?

Answer 2

Yes,

In Vic, deed system have been deactivated (from 1999) and it no longer register old title documents.

Question 3

who is the Founder of Torrens System?

Answer 3

it was devised by Sir Robert Torrens (South Australian)

Question 4

Define Indefensible ?

Answer 4

That which cannot be defeated, revoked, or made void.

Question 4

Define Indefensible ?

Answer 4

That which cannot be defeated, revoked, or made void.

Question 5

The key characteristic of the Torrens System is?

Answer 5

The new title holder gains ‘indefeasibility’ through a single certificate of title

• The register creates a folio describing the land and interests held, including caveats
• The most common interests registered are estates and mortgages
• Leases of more than 3 years and easements also registrable

Question 6

under which Victorian Act is Torrens system?

Answer 6

Transfer of Land Act 1958 (Vic)

Question 7

is a registered land holder under Torrens system subject to doctrine of notice?

Answer 7

No - s43 PLA

Question 8

is a registered title under Torrens system always indefeasible?

Answer 8

No, there are some exceptions where the title can no longer be considered as indefeasible under s42 Transfer of Land Act 1958 (Vic).

Question 9

what is a statutory exception to indefeasibility?

Answer 9

Fraud - it includes notice of a prior interest combined with an assurance the interest will be upheld, not upholding a priority agreement, and forgery (fraudulent copy).