The Torrens system
of registration existing today in Queensland is embodied in the Land Titles Act 1994 ('LTA').
Vancouver introduced the Torrens system
to lower the cost of land transfers.
29) Douglas Whalan, The Torrens System
in Australia (1982) 8-9.
Prior to the implementation of the Torrens system
of registration, conveyancing in South Australia, as in other colonies, was mired in the complexities inherent in the English system of conveyancing.
The article also takes upa comparative analysis of the protection offered to owners and to hypothecary creditors by the Torrens system
and that offered by acquisitive prescriptinn, which plays a fundamental role in Quebec, and by title insurance, winch is very popular in the Unitad States and which could equaUy be implemented in Quebec without major changes.
Failure to cause the transfer of title to the land or condominium unit in the OFW's name under the Torrens system
may cause conflicts of title to real estate and will not prevent innocent third persons to whom said real property may be fraudulently sold from claiming their ownership thereto.
The Torrens system
is designed to register interests in land that have a clear identity recognized by the rules of real property law.
106) Although retaining elements of the doctrine of notice might "inspire some apoplexy on the part of ardent advocates of the Torrens system
," he wrote, "when the consequences of a rigid application of the Torrens System
are carefully considered, as they have been by the Courts of this Province, they are found to deviate substantially from the objectives of common morality which have traditionally been embodied in all equitable principles.
One of the central tenets of the Torrens system
is that the registered proprietor is conferred indefeasible title.
A]nyone who deals with property registered under the Torrens system
may rely on the title and need not go beyond the title.
They suggested that the LTSA was asking the Court "to turn the clock back to an earlier time, a time predating the Torrens system
when title was not assured.
This article argues that, although the Torrens system
may be underpinned by competing fundamental philosophies, these are no more apparent, nor any more difficult to reconcile, in eases involving Barnes v Addy claims than in cases involving claims of other types.