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Victoria adopted the system with the Real Property Act 1862, [2] and New South Wales with the commencement of the Real Property Act 1862 on 1 January 1863. [ 3 ] Most land in Australia is now held under the Torrens system, although remnants of the old system of land title still remain, called “general law land”.
Australian property legislation refers to the different schemes of regulating property rights between each jurisdiction of the states and territories in Australia; combining legislation and receptive of common law. Despite differing statutes, the substantive effect in each jurisdiction is quite similar.
In laws of the Northern Territory, Queensland, Victoria, the ACT and Western Australia there's no way to bring an adverse possession claim against the Crown. It was proposed that the reason is that the Crown cannot be expected to monitor all Crown land for illegal occupiers.
As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting remoteness of vesting." [ 6 ] For this reason, another court has declared that the provisions of the rule are predicated upon "public policy" and thus "constitute non-waivable ...
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 Married Women's Property Act 1882 (45 & 46 Vict. c. 75) was an act of the Parliament of the United Kingdom that significantly altered English law regarding the property rights of married women, which besides other matters allowed married women to own and control property in their own right.
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Real Property Act 1860 (24 Vict. c. 11), Real Property Act 1861 (24 & 25 Vict. c. 22) Status: Expired The Real Property Act 1858 , 21 Vict. c. 15, is the short title of an act of the Parliament of South Australia , with the long title " An Act to simplify the Laws relating to the transfer and encumbrance of freehold and other interests in Land ".