Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence of title of the person recorded on the register as the proprietor, and of all other interests recorded on the register.
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Torrens title based his proposal on many of the ideas of Ulrich Hubbe, a German lawyer living in South Australia.
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Torrens title system operates on the principle of "title by registration" rather than "registration of title".
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The basic difference between the deeds registration and Torrens systems is that the former involves registration of instruments while the latter involves registration of title.
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Torrens title was largely responsible for shepherding the new Bill through Parliament, enacted in 1858 as the Real Property Act 1858.
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Torrens title drew ideas from the system of registration of merchant ships in the United Kingdom, experience gained from his years of working as a customs official.
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Torrens title used many of the ideas incorporated in the Act from Ulrich Hubbe, a German lawyer living in South Australia at that time, who had expert knowledge of the Hanseatic registration system in Hamburg.
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Central aspect of the Torrens title system is the land register, in which all dealings with land are recorded.
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Main difference between a common law title and a Torrens title is that a member of the general community, acting in good faith, can rely on the information on the land register as to the rights and interests of parties recorded there, and act on the basis of that information.
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Accordingly, if a vendor's common law Torrens title were defective in any way, so would be the purchaser's Torrens title.
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Example, in the Australian state of Victoria, the Torrens title system is manifested in the Transfer of Land Act 1958.
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Torrens title system did not replace the common law system but applied only to new land grants and to land that was voluntarily registered under the relevant Act.
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Torrens title system was implemented by the British in Mandatory Palestine, and has continued in use since Israel's foundation in 1948.
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Torrens title system was established in the Philippines on November 6,1902, by the enactment of Act No 496, "The Land Registration Act", which was virtually identical to the Real Property Act of Massachusetts of 1898.
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Singapore adopted a version of the Torrens system beginning in 1960 with the Land Titles Act, Chapter 157.
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Sri Lanka has introduced a version of the Torrens system known as Bim Saviya under the Registration of Title Act No 21 of 1998.
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State of Illinois was the first state to adopt a Torrens Title Act, which used a limited Torrens system in Cook County after the Great Chicago Fire, but the system was allowed to expire on January 1,1992, after it was found to be unpopular with lenders and other institutions.
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Record Torrens title is the only form of land Torrens title registration in Virginia.
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