What is the Torrens Title System?

A Title is a legal document used to record and prove official ownership of land. The Torrens Title System (Real Property Act) was founded in South Australia by Sir Robert Torrens in the 1850’s. Torren’s aimed to simplify the process and provide certainty of land ownership.

Prior to development of the Torrens Title System, Titles were documented by a chain of deeds listing the history of ownership causing the process of verifying and registering ownership to be expensive, time consuming and difficult. A potential buyer was left responsible to investigate and verify the title prior to purchase. Even with the most thorough of searches, buyers were not guaranteed absolute certainty of title, leaving the buyer vulnerable to disputes and legal challenges over ownership.

The Torrens title system called for the creation of a central register where Land ownership is recorded and maintained by the government. The Torrens title system provides owners with protection and security as the government is held accountable for maintaining an accurate and up-to-date register of ownership, providing a ‘guarantee of title’.

This centralised approach simplifies the process of buying, selling and resolving potential ownership disputes. Thanks to the Torren’s systems simplicity and guarantee of title, it is now the preferred and most common form of land registration system in Australia and been adopted by many other countries.

The Torren’s title lists important information including description of land, any restrictions, encumbrances, and easements related to the property.

Other types of titles used in Australia are Strata and Community titles, therefore when looking to purchase a property it is important to understand the type of title the property is registered under. With the Torrens tile, you can be confident that the ownership is secure, and you are protected from any claims which may arise from previous ownership.