ABSTRACT
In this chapter, we examine the nature and operation of the systems of land registration set up in Australia prior to the Torrens system, known generally as Deeds Registration Systems (DRS). Every state introduced a DRS; however, in some states, it has been eradicated because the aim is to eventually bring all old title land under the Torrens system of land registration. In most states, old title land is rare-most of it having already been transferred to the Torrens system. This process is complete in Queensland so there is no need for a DRS. In Victoria, the DRS still exists; however, with the introduction of the Transfer of Land (Single Register) Act 1998 (Vic), it is no longer possible to register deeds or documents under the DRS: s 22. If a person wishes to register a document or deed under the DRS in Victoria, it is necessary for the land to be brought under the application of the Torrens system. Section 9(2) of the Transfer of Land (Single Register) Act 1998 (Vic) gives the Registrar General the power to bring land under the operation of the Transfer of Land Act 1958 (Vic). The DRS still exists in Victoria as a record of deeds over old title land. However, for all practical purposes, it no longer has any use as a registration system, as the Torrens system provides a greater security to the registered title holder.
