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Possessory title, qualified title and limited title

Title under the old system can not only be held under a documentary title, but also possessory title. This is because title includes the right to possession so that the person who has the best right to possession is able to resist claims for possession, even by a legal owner under general law. This allows a person to become the owner of the land under possessory title through adverse possession.

Qualified title and limited title are hybrid forms of title, bearing some of the features of the Torrens system and the infirmities of the old system. They are created in the process of converting old system land to the Torrens system. Land held under qualified title is subject to subsisting interests. For land which is limited title, there is doubt as to its boundaries. See Possessory title, qualified title and limited title.


South Australia

Title under the old system can not only be held under a documentary title, but also possessory title. This is because title includes the right to possession so that the person who has the best right to possession is able to resist claims for possession, even by a legal owner under general law. This allows a person to become the owner of the land under possessory title through adverse possession.

Limited titles are hybrid forms of title, bearing some of the features of the Torrens system and the infirmities of the old system. They are created in the process of converting old system land to the Torrens system. Land held under limited title is subject to subsisting interests or there is doubt as to its boundaries.