In light of recent moves toward a National system of electronic conveyancing, this paper reconsiders the issue of uniform Torrens Title system legislation in Australia. It analyses whether there is a need for a uniform system of legislation, concluding that there exists more than ever a need for uniformity in Torrens Title legislation. As part of this assessment of the need for a uniform system of legislation, this paper considers whether stakeholder groups, including government and practitioners, support the establishment of uniform Torrens Title Legislation. In examining the constitutional issues which must be addressed in order to harmonise Torrens Title legislation, this paper presents a discussion on the not insurmountable constitutional issues that are present. Finally, this paper discusses the numerous issues that need to be considered for the creation of uniform Torrens Title legislation in Australia, particularly indefeasibility of title, exceptions to indefeasibility, and restrictive covenants.
|Australian Property Law Journal
|Published - 2010