Torrens' Land System

Collier's New Encyclopedia (1921)

a plan of land transfer drawn up by Sir Robert Torrens, and by him put in operation in Australia. It is now used in all the Australian provinces, in Tasmania and New Zealand, and in British Columbia and Ontario, and has been attempted in various parts of the United States (Minnesota, Colorado, Washington, New York, North Carolina, Mississippi, etc.). Its object is to make the transfer of land as simple as that of bank stock, and render the title of the holder thereof as free from danger or difficulty as ordinarily the title of the holder of bank stock is to the shares he holds. A land registry is established under the control of an officer known as the master of titles, by whom all land transactions are registered. A title may be registered as absolute or possessory; if absolute, the title must be approved by the master of titles before the ownership can be registered in fee simple. The first registration of a person as owner with absolute title will vest in that person an estate in fee simple in the land, subject to any incumbrances that may be entered on the register. If a possessory title is required, the applicant is registered as owner on giving such evidence of title as may be prescribed. The registration of any person as first owner, with a possessory title only, will not interfere with the enforcement of any estate, right, or interest adverse to the title that may then exist or arise at a later date. Should it appear to the master of titles that an absolute title to any land can only be held for a limited period or subject to reservations, he may except from the effect of registration any estate, right, or interest arising before a specified date, or arising under a special instrument or otherwise particularly described in the register. A title granted under such conditions is to be called a qualified title. The master of titles must give to the first registered owner a "land certificate," and this certificate must say whether the title of the owner is "absolute," "qualified," or "possessory." An insurance fund is created to indemnify persons who may suffer loss through misdescription, omission, or other error in any certificate of title, or in any entry on the register. This fund is provided by laying a tax of onefourth of one per cent. on the value of the land on the first certificate of title being granted, in addition to registration fees. The master of titles settles all questions as to the liability of the fund for compensation.