ABSTRACT

The inherent difficulties associated with conveying old title land, particularly the uncertainties associated with general law priority rules, encouraged law reformers to introduce a new, more efficient and ‘absolute’ conveyancing system. What eventually emerged was the system known today as the ‘Torrens’ system of land registration. The founder of this system was Sir Robert Torrens, and it was first introduced in South Australia in 1858. The statutory system in Victoria was introduced in 1862 and its provisions are now codified in the Transfer of Land Act 1958; equivalent legislation exists in all states.1