Torrens registration

Torrens registration

The process of first entering a property into the optional land registration system known as the Torrens system.For the states and counties that offer this as an alternative to the more traditional abstract method,registration begins as a lawsuit.The property owner sets out all the evidence showing his or her entitlement to the property and any mortgages or other liens against the property.The owner must disclose other persons who might have a claim to the same property.Those persons receive notice of the suit.There is usually also a method of public notice in case other claimants wish to assert their rights.Normally,no other claimant disputes the title and the court orders issuance of a Torrens certificate.If there is a dispute,the lawsuit will proceed just like any other suit,with a trial and a decision.

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Accordingly, these claims do not survive Torrens registration. Finally, so long as the basis of the claim is not some form of prior title, the claim itself may take on proprietary attributes, usually but not always of an equitable flavour.]
(35) It must be kept in mind that, regardless of their form, any claims premised upon protection of prior title cannot survive Torrens registration. The difficulty in this respect lies in the ambiguous nature of certain causes of action.
(132) However, because Torrens registration provided indefeasibility of title, such a right did not survive registration.