What is the Torrens System?

The Torrens system first introduced into New Zealand through the Land Transfer Act 1870, but was originally created by Sir Robert Torrens for the Australian state of South Australia. In 1924 The Land Transfer (Compulsory Registration) Act 1924 was introduced which ended the use of the Deeds system. The current legislation is the Land Transfer Act 1952.

The basic difference between the deeds system and the land transfer (Torrens system) is that the land transfer process is a system of registration of title to land, whereas the deeds system was one of registration of instruments (eg mortgages) from which title to land was derived.

The main purpose of the Torrens' system is to provide a simple and cheap method of recording the transfer and other dealings with land, and at the same time to ensure security of title by a system of State guarantee. The Land Transfer system requires a register that contains a duplicate of the owner’s title. The title has all the details of the owner, together with any changes which occur through transfer, death, or other devolution, and the encumbrances to which the land becomes subject.

The principle of the Land Transfer Act 1953 and its predecessors is that the register is the most important part of the system and that, except in case of actual fraud on the part of the purchaser, he gets, upon registration of a transfer an indefeasible title against the world.

Other topics in the Surveying section are:

• Survey Section Home
• What is Surveying?
• What is a Surveyor and how do I become one?
• Why would I need a Surveyor?
• What is the history of surveying in New Zealand?

Other topics: The Deeds system of title registration, FAQ

 

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