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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.
Frazer v Walker [1967] 1 AC 569 [1] is a landmark New Zealand court case that went to the Privy Council on appeal. The case upheld the concept that an owner of interest in land which was originally obtained from the rightful owner through fraud, still obtains an indefeasible interest in that title if they were unaware of the fraud.
Breskvar v Wall, [1] was an Australian court case, decided in the High Court on 13 December 1971. The case was an influential decision in property law, specifically the effect of obtaining title by registration under the Torrens title system, the application of the fraud exception to the principle of indefeasibility and whether Frazer v Walker [2] should be followed in Australia.
That is, "it is not a system of registration of title but a system of title by registration". [5] This gives a purchaser "greater assurance, indeed certainty, of title". [ 6 ] The principle of " indefeasibility " of title - where a right has been entered on the register, it cannot be defeated by later rights except in certain circumstances ...
(An estate not subject to such conditions is called an indefeasible estate.) Historically, the common law has frowned on the use of defeasible estates as it interferes with the owners' enjoyment of their property and as such has made it difficult to create a valid future interest.
Title issues are not common, but if the title search uncovers one — or if it doesn’t, but one comes up later — there can be considerable legal costs. This is where title insurance comes in.
Title insurance premium: Buyers are generally required to purchase a lender’s title insurance policy, which protects their lender in the event of a claim dispute. This premium is a one-time cost ...
mistake, indefeasibility of title Boyd v. Mayor of Wellington [1924] NZLR 1174 is a leading case law in New Zealand on the concept of indefeasibility of title .