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(c) Cameron Stewart 2009Introduction to Torrens System: IndefeasibilityAssoc Prof Cameron Stewart
(c) Cameron Stewart 2009Registration Systems•Problems with fraudulent transactions in the early colony•1800 –order of Governor King that all agreements concerning land be in writing or entered into books kept at Sydney, Parramatta and Hawkesbury•1802 –Judge Advocate’s office•1817-Gov Macquarie –Fraudulent against a bona fide purchaser for value•1825 –Registration Act –substantially amended over time and then repealed in 1984 and sections transferred into the Conveyancing Act
(c) Cameron Stewart 2009Problems with the deed registration system•Improved level of knowledge•Offered greater degree of protectionBut•Did not grant a total security of interest•Purchasers took subject to unregistered interests which have not been documented•Purchasers take subject to unregistered instruments which they ought to have discovered•Purchasers title is still dependant on the chain of title and the risk that a prior interest may be invalidated breaking the chain of title and destroying the purchaser’s interest
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