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Description and Holding Information
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Torrens, The Torrens Systems as Implemented in Australia, 1863
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Transfer of land by “registration of title,” as now in operation in Australia under the “Torrens System”; A paper read before the Society for
Promoting the Amendment of the Law: R. (Robert) Torrens, (3)+6-79p, Dublin, Hodges, Smith and Co., 1863. (Lacks TOC & index. The old British common law
system of land ownership required that current owners of land prove their right of ownership by a “chain of title” tracing back to the earliest grant of
title to the first owner by the Crown. The system held great potential for confusion, often giving rise to costly law suits. This was especially so
given the legal doctrine of nemo dat quod not habet (“no one gives what he does not have”}. This meant that every link in the “chain of title” was subject
to repeated challenge for a variety of old or even new reasons. This common law system was particularly ill suited to the requirements of land
ownership in the new colonies, where the acquisition of initial title depended on many variables; not least war with the natives. In 1858, Robert Torrens, a
member of the House of Assembly in South Australia, proposed a new system based upon registration of titles for all of the land in the jurisdiction
in a central state registry. In the new system the title itself would hold all of the information needed to establish ownership, including easements
and the creation and discharge of mortgages. Whatever wasn’t listed on the title document was irrelevant. The highly simplified system was quickly
adopted in South Australia, and over the next decades was adopted widely in the English-speaking countries. As illustrated by the present text, much of the
system’s spread was due to proselytization by Torrens and his allies. Proselytization was necessary due to the opposition of lawyers, who feared
serious loss of work in conveyancing, and of common law judges who by nature tended to resist change of any kind. The main argument of the paper is
covered in pp. 6-24. The remainder of this work contains exhibits of materials and forms used to implement the Torrens System in practice. The print text of
this title was scanned from Lincoln’s Inn Library pamphlet volume MP 69.)
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Title:
Transfer of land by registration of title : as now in operation in Australia under the Torrens system : a paper read before the Society for Promoting the Amendment of the Law : and ordered to be printed 16th March 1863 / [R. Torrens].
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OCLC Number:
909412446
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Available Volumes
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| Name | Fiche Count | Online | Paper Backup |
| Vol. 1 | | Yes | No |
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