39) On the introduction of title registration in Canada, see Greg Taylor, The Law of the Land: The Advent of the Torrens System
in Canada (Toronto: University of Toronto Press for the Osgoode Society for Canadian Legal History, 2008).
29) Douglas Whalan, The Torrens System
in Australia (1982) 8-9.
First, the Torrens system is intended to prevent adverse claims on the basis of prior title and no more.
T]he principle of indefeasibility of title', it has been said, 'is the foundation of the Torrens system of title.
Prior to the implementation of the Torrens system of registration, conveyancing in South Australia, as in other colonies, was mired in the complexities inherent in the English system of conveyancing.
It has resulted in decisions, such as McGrath v Campbell, (23) where the court considered that an implied Wheeldon v Burrows (24) easement, although legal in respect of unregistered land, could only take effect as an equitable easement under the Torrens system.
Provided its proprietary flavour does not arise out of prior title, such proprietary remedies are permissible under the Torrens system.
Unlike England, the grounds for acquiring an easement by prescription have generally been more limited in Australia, leaving aside the impact of registration of title under the Torrens system.
Thirdly, leaving aside the impact of the Torrens system generally, and the special situation in Tasmania, it is theoretically possible to make a claim for a prescriptive easement under the doctrine of lost modern grant.
137) This silence may be explained by the fact that the legislation was implemented later in the 20th century within the context of a Torrens system which abolished adverse possession.
The Torrens system, as it became known, was considered appropriate for a country such as Australia which was set on rapid expansion and development.
B Prescriptive Easements and the Torrens System in Australia