Torrens system

Torrens title is a system for land. Under the Torrens system, ownership of land is only obtained once the title is registered and no title arises until registration. Torrens title creates a single document for the ownership of each land holding which is guaranteed by the relevant state government.

This guidance note explains the role and the importance of the Torrens register, and the government’s promise that the land owner, or “registered proprietor” recorded in the system, is the true owner of their land. It also explains what is a Torrens title “dealing”, and some key matters relevant to a registered mortgage over Torrens system land, including the concept of indefeasibility of title and the use and role of the certificate of title.

This guidance note also provides guidance on how legal practitioners can access Torrens title information that is required when acting or advising on matters relating to taking security over real property.

See Torrens system.