Old system title

All Crown grants since 1 January 1863 have been registered under the Real Property Act 1900 (NSW) (RP Act) and are known as land under the “Torrens” system. Land subject to Crown grants made prior to 1 January 1863 (which have not been bought under the provisions of the RP Act) is known as land held under “old system” or “common law” title.

Title under the "old system" can only be established by tracing it back to a good root of title — that is, an unbroken chain of all events and documents affecting the land for 30 years. It can be an extremely difficult process.

All Crown grants since 1 January 1863 have been registered under Transfer of Land Act 1958 (Vic) and are known as land under the "Torrens" system. Land subject to Crown grants made prior to 1 January 1863 (which have not been bought under the provisions of the Act) is known as land held under "old system" or "common law" title.

Title under the "old system" can only be established by tracing it back to a good root of title - that is, an unbroken chain of all events and documents affecting the land for 30 years. It can be an extremely difficult process.

In Queensland, the “old system” started under the Registration of Deeds Act 1843 (Qld). Land subject to Crown grants were bought under the Real Property Act 1861 (Qld), which are not under the Land Title Act 1994 (Qld).

The “old system” applies to land that was granted prior to the Transfer of Land Act 1874 (WA) (repealed). All land under the Transfer of Land Act 1874 (WA) is deemed to be under the operation of the Transfer of Land Act 1893 (WA): s 4(2).

The Torrens system is based on a system of registration whereby a register for all titles is maintained at Landgate (the Western Australian Land Information Authority).

All Land Grants from the Crown since the commencement of the Real Property Act 1857-8 (SA) have been registered under what is now the Real Property Act 1886 (SA) and are known as land under the “Torrens” system. Land subject to Crown grants made prior to then (which have not subsequently been brought under the provisions of the Real Property Act) is known as land held under “old system” or “common law” title. The Real Property (Registration of Titles) Act 1945 (SA) requires the Registrar-General to convert all land from the “old system” to the Real Property Act by a compulsory process, however this will take some time and in many cases, the Real Property Act titles created will be limited titles.

Title under the “old system” can only be established by tracing it back to a good root of title — that is, an unbroken chain of all events and documents affecting the land for 30 years. It can be an extremely difficult process.

Nearly all titles are held under the land title system based on a register of government certificates of ownership, known as the Torrens system. The English system of land tenure brought to Australia with European settlement is known as "old system", "general law" or "common law". Land subject to Crown grants made prior to the Torrens system was held under old system. A longstanding conversion program means, there are few remaining old system titles yet to be bought under the provisions of the Torrens system.

This is Title under the "old system" can only be established by tracing it back to a good root of title — that is, an unbroken chain of all events and documents affecting the land for at least 20 years. It can be an extremely difficult process.

There is no "old system" title in the NT.

See Old system title.