On this approach, the 'primary objective of the Torrens system [would be] the avoidance of the expense, difficulty, and delay of investigating and proving the validity of a vendor's title.
There is no doubt that, outside the Torrens system, a beneficiary of the trust will have a property right adverse to that of the trustee.
Although the Torrens system is primarily motivated by the need to reduce costs, difficulty, and delay involved in investigating title, the protection of indefeasibility was extended beyond cases where there was a defect in the vendor's title.
t]here is a great deal of difference between an investigation into the quality of the vendor's title, which the Torrens system is designed to obviate, and an investigation into the validity of the transaction through which title will be obtained.
Previous attempts to demonstrate that the inter se rule does not conflict with indefeasibility are insufficiently nuanced, in that there seems to be an assumption that only a direct assertion of prior title--a vindicario --is prohibited by the Torrens system.
Such a claim involves a direct assertion of ownership (69) and, being premised upon prior title, is clearly and undoubtedly prohibited by the Torrens system.
180) Accordingly, Peter Butt has commented that 'the place of prescriptive easements and profits in the Torrens system is conjectural.
A feature of the Torrens system as implemented in Australia is that the register does not necessarily disclose all interests which affect land.
In Victoria and WA, the legislation is widely framed to allow prescriptive easements to constitute exceptions to indefeasibility, not only in respect to old system title land which is brought into the Torrens system, (185) but also in respect to land which is already subject to the Torrens legislation.
188) The legislation applies to prescriptive easements which existed before the land was brought into the Torrens system.
193) In this way, the courts achieved a compromise between the objectives of the Torrens system and the old principle of prescription.
3 Transitional Provisions and Effective Abolition of Prescriptive Easements under the Torrens System