The Nisga'a Land Title System adopts a Torrens system
approach to title registration, or at least the partial Torrens system
approach adopted by the settler state land titles system in British Columbia, (120) by mimicking the wording of the British Columbia Land Title Act to provide for both indefeasible title and a Nisga'a Lisims Government guaranteed assurance fund.
The Torrens system
also introduced a guarantee of title backed by a system of compensation for parties deprived of their interest.
In this book, the author traces the creation and adoption of the Torrens system
of land registry from its source in Australia and across mainland Canada from west to east.
At least if the third aspect of Cornall is taken to govern the scope of the reservation, the definition of conveyancing within a Torrens system
is now anchored in the judgment of the NSW Supreme Court in the Will of Kerrigan.
'[T]he principle of indefeasibility of title', it has been said, 'is the foundation of the Torrens system
The law of the land; the advent of the Torrens system
While the Code claims to establish a Torrens system
of registered title, by failing to provide a process for registering interests based on customary rights, it effectively leaves these rights unprotected, without title documents, and so subject to possible state appropriation.
Other jurisdictions, like the United Kingdom, which have had experience with a similar title registry system, have taken the bold step of adopting the Torrens system
of title registration as a means of guaranteeing title to their citizen.
In 1993, the Illinois General Assembly abolished an outdated insurance system--the Torrens system
, which set aside money from building sales to pay for possible title problems.
(18) JE Hogg, The Australian Torrens System
, William Clowes, London, 1905, 832-3; JE Hogg, Registration of Title to Land throughout the Empire, Law Book Company, Sydney, 1920, 106-9; HD Wiseman, The Law Relating to the Transfer of Land, Law Book Company, Melbourne, 1931, 316; J Baalman, The Torrens System
in New South Wales: Being a Commentary on the Real Property Act, 1900, as Amended and as Affected by Various other Statutes, Law Book Company, Sydney, 1951, 149-50; D Kerr, The Principles of the Australian Lands Titles (Torrens) System, Law Book Company, Sydney, 1927, 195.
In order to contribute some elements of rellecfion during this period of reform in the publication of land rights in Quebec, the author sets out the context in which the Torrens system
was boro and the principal rules that govem its functioning.
At a joint hearing of the Blue Ribbon and Public Works committee on Thursday, Gordon blamed the dysfunctional land registration system (Torrens system
) in the country, which he said makes it easy for syndicates to falsify land titles in General Santos City.