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- Types of titles
Torrens title
New South Wales
The Torrens system of registration of title came into effect on 1 January 1863 under the Real Property Act 1862 (NSW). That Act has since been replaced by the Real Property Act 1900 (NSW).
Title under the Torrens system is derived through registration of interests in land. Less than 5% of the land holding in New South Wales is under old system title, not just under private holdings, but includes holdings of considerable value, both urban and rural.
Victoria
The Torrens system of registration of title came into effect on 1 January 1863 under the Transfer of Land Act 1862 (Vic). That Act has since been replaced by the Transfer of Land Act 1958 (Vic).
Title under the Torrens system is derived through registration of interests in land. Less than 3% of the land holding in Victoria is under old system title.
Queensland
The Torrens system of registration of title came into effect on 1 January 1863 under the Real Property Act 1861 (Qld). That Act has since been replaced by the Land Title Act 1994 (Qld). Title under the Torrens system is derived through registration of interests in land. Less than 5% of the land holding in Queensland is under old system title, not just under private holdings, but includes holdings of considerable value, both urban and rural.
Western Australia
The Torrens system of registration came into effect under the Transfer of Land Act 1874 (WA). That act has since been repealed and replaced by the Transfer of Land Act 1893 (WA).
South Australia
The Torrens system of registration of title first came into effect on the commencement of the Real Property Act 1857 (SA). That Act has since been replaced by the RP Act.
Title under the Torrens system is derived through registration of interests in land. A very small amount of the land holding in South Australia remains under old system title, not just under private holdings, but includes holdings of considerable value, both urban and rural.
Tasmania
The Torrens system of registration of title first came into effect on the commencement of the Real Property Act 1862 (Tas). That current Act is the Land Titles Act 1980 (Tas).
Title under the Torrens system is derived through government certified registration of interests in land. A very small amount of the land holding in Tasmania remains under old system title.
Northern Territory
The Torrens system of registration of title came into effect under the Real Property Act 1886 (NT). That Act has since been replaced by the Land Title Act (NT).
Title under the Torrens system is derived through registration of interests in land.
Australian Capital Territory
The Torrens system of registration of title came into effect in NSW on 1 January 1863 under the Real Property Act 1862 (NSW) which had application in the ACT. On 21 May 1925, the application of this Act in the ACT was repealed and replaced with the Real Property Ordinance 1925 (Cth). On 11 May 1989, the ordinance then became the Real Property Act 1925 (ACT) by virtue of s 34(4) of the Australian Capital Territory (Self-Government) Act 1988 and was renamed the Land Titles Act 1925 (ACT) in 1995.
Title under the Torrens system is derived through registration of interests in land.
See Torrens title.