(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).
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
Furthermore, the Torrens system does not inhibit the operation of the doctrine in Walsh v Lonsdale, (45) which has the effect of transferring equitable title to the purchaser in the above claim pending the completion of transfer.
On this approach, the 'primary objective of the Torrens system [would be] the avoidance of the expense, difficulty, and delay of investigating and proving the validity of a vendor's title.' (50) Accordingly, any claims that do not conflict with this objective ought to be permissible.
There is no doubt that, outside the Torrens system, a beneficiary of the trust will have a property right adverse to that of the trustee.
Although the Torrens system is primarily motivated by the need to reduce costs, difficulty, and delay involved in investigating title, the protection of indefeasibility was extended beyond cases where there was a defect in the vendor's title.
[t]here is a great deal of difference between an investigation into the quality of the vendor's title, which the Torrens system is designed to obviate, and an investigation into the validity of the transaction through which title will be obtained.