Most jurisdictions with a title registration system modeled on the South Australian Torrens title
have made the political choice in favour of abolishing notice.
Section 45D(1) of the Real Property Act 1900 (NSW) permits a person who has acquired possession of Torrens title land in circumstances in which the title of the registered proprietor would have been extinguished under the statute of limitations to make an application to the Registrar-General to be recorded as the new registered proprietor.
In Tasmania, the doctrine of adverse possession applies to Torrens title land and a registered proprietor's indefeasible title is statutorily 'subject to section 117 [of the Land Titles Act 1980 (Tas)], so far as regards rights acquired, or in the course of being acquired, under a statute of limitations'.
The vision underpinning the Torrens Title
system is that interests in property should be defined on a register, not by distributed pieces of paper,' Young says.
In Macquarie Bank Ltd v Sixty-Fourth Throne Pty Ltd ('Sixty-Fourth Throne'), (15) Tara Shire Council v Garner ('Tara'), (16) LHK Nominees Pty Ltd v Kenworthy ('LHK Nominees') (17) and Farah Constructions, (18) the question of the proper relationship between Barnes v Addy claims and the indefeasibility of Torrens title
was regarded as an important one to be resolved by balancing competing fundamental philosophies.
187) Other provisions in the legislation do not preclude the creation of prescriptive easements over Torrens title
land in Victoria: Bradbrook and Neave, above n 96, 251-2.
To date, there is no annotation in the Torrens title
of the NHA over the property regarding its supposed acquisition by the Quezon City government.
Only a fool will buy real estate worth P99 million on the mere say-so of a Torrens title
, without bothering to actually see it.
The Balili property is covered by a Torrens title
which was issued as early as 1977.
If a Torrens title
over some four hectares of land inside the alleged "Hacienda Binay" really exists in the name of whistleblower Ernesto Mercado in the Register of Deeds of Batangas, there is no doubt he can have Sunchamp Real Estate Development Corp.
I have no Torrens title
over this position (and if ouster) is the price I'll have to pay to maintain my self respect, then so be it,"
Any property right that was vested by a Torrens title
or by any contract with the government is to be respected," Leonen said.