Civil Engineering Reference
In-Depth Information
property in Australia. It was noted earlier that the system of land records in com-
mon use does not concern itself with title. The government merely records doc-
uments that are presented to it by the public. In a title registration system the
government certifies title to land. Once a parcel of land has been registered (not
recorded as a deed would be recorded in a recorder's office) the state creates an
original “certificate of title”. The certificate of title is kept by the government and
a duplicate certificate of title is issued to the property owner. The certificate of title
may be recorded in the same recorder's office where other unregistered land titles
are recorded, although it may be kept in a separate room or section. The certificate
of title lists the names of the owners of the property and notes any and all encum-
brances to the property. Encumbrances can be liens, mortgages, easements, leases,
or other claims.
The certificate of title is conclusive proof of the current state of title of the sub-
ject property. In other words, the government is guaranteeing the state of title.
From a researcher's point of view, doing a title search of registered land is as sim-
ple as looking up the certificate of title.
In some jurisdictions, such as Massachusetts, the authority responsible for
registration, called the Land Court, prepares an official plan of the property that
is filed along with the certificate of title. The actual survey of the property is
made by a private surveyor retained by the property owner. The property owner
is responsible for paying the surveyor but the surveyor's duty in establishing the
property boundaries is owed to the Land Court. In this case the state is guarantee-
ing both the title and the metes and bounds description of the property. The fore-
going is not to say that valid claims to the property may not exist. However, the
government maintains a fund to pay damages, if it is determined that a valid claim
to the property does exist.
Although the Torrens system has a few benefits, it has many drawbacks. For
example, one may have to deal with an arcane and inflexible bureaucracy. The
requirements imposed by the system may make the survey prohibitively expensive.
In some systems, once land is registered it is difficult or impossible to un-register
it so that all subsequent divisions of the land are subject to the time and expense of
compliance. Where an ordinary survey can be completed and recorded in days or
weeks, it may take years to get it through the Torrens system. This could easily kill
a deal involving the sale or subdivision of the registered property. Many, if not most
boundary surveys can be performed by a licensed surveyor. In contrast, when deal-
ing with registered land it is likely that an attorney will also be required. This will
probably increase the cost of the survey substantially. Finding an attorney and land
surveyor who is familiar enough with the system to efficiently do the work may be
difficult. Some surveyors view the difficulties in dealing with the system more trou-
ble than it is worth and many do not want to take on the work. Some clients do not
understand that a registered land survey can cost many times what a conventional
survey might cost and they are reluctant to spend the extra money. For many, if not
most people, the drawbacks of the Torrens system far outweigh its benefits.
Title registration is voluntary. The title registration system coexists with stand-
ard recording procedures. The only titles that are registered are those which are
presented by the property owner to the title registration office.
