3015LAW Lecture Notes - Lecture 3: Fee Simple
1. TORRENS SYSTEM
Key Principles
1) it should not be necessary for person dealing with registered owner to investigate the
history of the registered owner’s title.
2) while not all interests in land are capable of registration, those interests that can be
registered and are registered should give in the absence of fraud or error and
indefeasible title
3) if a person is deprived of an interest in land as a result of the operation of the torrens
system, monetary compensation for loss of interest should be paid
Instruments are registered in order lodged not by date of execution
- interest = registered interest = indefeasibility of title
- registered interest = legal interest
- unregistered interest = equitable interest
Significance of registration
Land Title Act
SECTION DETAILS
S 182 It is act of registration which creates or transfer legal estate or interest in
land
Ss 37, 38 and
184
Indefeasibility defined by collective reading of these sections
S 184 A registered proprietor of interest in lot holds interest subject to
registered interests affecting lot but free from all other interests
Indefeasibility of Title
a convenient description of the immunity from attack by an adverse claim to the land or
interest in respect of which he is registered, which a registered proprietor enjoys. This
conception is central in the system of registration . . . [apart from certain exceptions] as
registered proprietor, and while he remains as such, no adverse claim (except as specifically
admitted) may be brought against him.
-Frazer v Walker [1967] 1 AC 569, 580-1)
Four characteristics of indefeasibility
1) Primacy of registered interests = s 184(1) LTA
a. Only subject to registered interests (eg mortgage)
2) Protection against notice = s 184(2) LTA
a. Even if notice of unregistered interest, RP protected (eg mortgage)
3) Protection of possession = s 184(3) LTA
4) Protection of purchaser = immediate indefeasibility
a. Immediate = purchaser for value who without fraud, gets themselves on register
as RP immediately acquires an indefeasible title regardless of any problems with
instrument relied upon to become RP
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Document Summary
Instruments are registered in order lodged not by date of execution interest = registered interest = indefeasibility of title registered interest = legal interest unregistered interest = equitable interest. It is act of registration which creates or transfer legal estate or interest in land. Indefeasibility defined by collective reading of these sections. A registered proprietor of interest in lot holds interest subject to registered interests affecting lot but free from all other interests. Indefeasibility of title a convenient description of the immunity from attack by an adverse claim to the land or interest in respect of which he is registered, which a registered proprietor enjoys. This conception is central in the system of registration . [apart from certain exceptions] as registered proprietor, and while he remains as such, no adverse claim (except as specifically admitted) may be brought against him. Frazer v walker [1967] 1 ac 569, 580-1)
