What is Torrens title?
Torrens title is a system of title to real property, invented in 1858 by Sir Robert Torrens when he was Premier of South Australia. Under this system, a government Registrar of Titles maintains records of land ownership, including Certificates of Title, in an official Land Register. The Torrens system was implemented due to inconsistencies and problems in proving land ownership under commom law. In short, the deeds or other instruments registered under the Torrens system are given legal priority over all other documents, claims, or facts, either recorded or unrecorded, that exist in the chain of title. In fact, the Torrens system does away with the need for a chain of title. A prospective purchaser of real estate only has to examine the legal interests and other title information contained in the Land Register to meet his or her obligation of due diligence. This is due to the fact that under the Torrens system, the state guarantees indefeasible title to all registered real property.
