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Property legislation in all states is grounded upon the Torrens principle of registration of title. [1] This posits that each state has a central register of all land in the state and that the register also shows the 'owner' of the land. This system was devised to reduce the amount of fraud relating to land due to the falsification of title deeds.
Legislation regarding Title New South Wales: Real Property Act 1900 [8] Conveyancing Act 1919 [9] Victoria: Property Law Act 1958 [10] Sale of Land Act 1962 [11] Australian Capital Territory: Civil Law (Property) Act 2006 [12] Civil Law (Sale of Residential Property) Act 2003 [13] Queensland: Property Law Act 1974 [14] Land Titles Act 1994 [15 ...
It amends the Native Title Act 1993 (Cth), providing "the most significant changes to native title legislation since the 1998 amendments". [9] It was passed by the Howard government , [ 10 ] along with the Native Title Amendment (Technical Amendments) Act 2007, [ 11 ] a package of coordinated measures and technical amendments to improve the ...
A title search is the process in which a title company or attorney examines public records to make sure that there are no claims, liens or issues with a property that could result in another ...
"A Comparison of the Australian ('Torrens') System of Land Registration of 58 and the Law of Hamburg in the 1850s". Australian Journal of Legal History. 13 – via austlii. Lang, A. G. (1984). "Computerised Land Title And Land Information" (PDF). Monash University Law Review. 10 (196): 196– 220. ISSN 0311-3140. OCLC 819013940 – via austlii.
A foreclosure guarantee is a type of report (e.g. trustees sale guarantee, judicial foreclosure guarantee and litigation guarantee) that is used mainly for foreclosing an encumbrance (or a lien) in a certain property. The title searcher will perform a full coverage search to the property in default and a search for the addresses of the lien ...
Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed "indefeasibility") of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.
The land titles may recognise traditional interest in the land and protect those interests by giving Aboriginal people legal ownership of that land. Also, according to the National Native Title Tribunal : "A successful land rights claim usually results in a special grant of freehold title or perpetual lease.