The Torrens System. Indefeasibility and the Fraud Exception

Bill Sarwari

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Essay from the year 2012 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 97% High Distinction, , ...

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Essay from the year 2012 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 97% High Distinction, , course: Master of Business Law, language: English, abstract: Indefeasibility in its pure form is a simple concept. In essence, the name of a registered proprietor on the land register is conclusive proof of legal ownership of land. In practice, however, the concept is far from simple. This paper critically explores the concept of indefeasibility by comparing the Torrens system of title by registration with that which went before: title by deed. In doing so, this paper clearly sets out the objectives of the Torrens system. The exploration then goes on to an examination of a particular qualification to indefeasibility in the shape of the fraud exception, and finally suggests some improvements that could be made to the doctrine.