ABSTRACT
Today, proprietary estates and interests in land are divided according to whether they come under the Torrens system or not. All land estates and interests which are not covered by the Torrens system are referred to as ‘old title’ or ‘general law’ land interests. Old title land interests are governed by fundamental common law and equitable rules which have developed specifically to deal with priority disputes which may arise between these interests. These rules have been further embellished through the inception of a non-compulsory, statutory system of registration known as the Deeds Registration System. The creation and enforcement of Torrens title land interests are, unless otherwise stated, governed by express statutory provisions within the Torrens legislation (this is discussed in Chapter 11). Old title land interests are not as prevalent today due to the fact that, increasingly, titles to land are being brought under the Torrens system. Nevertheless, old system titles still exist, particularly in older, more historical areas of Australia, and for this reason it is important to understand the fundamental general law. Furthermore, even interests which come within the ambit of the Torrens system may draw upon general law principles, where such interests remain unregistered or are unregistrable.
