Indefeasibility for What? Interpretive Choices in the Torrens System
Sydney Law School
PROPERTY AND SECURITY: SELECTED ESSAYS, L. Bennett Moses, B. Edgeworth and C. Sherry, eds., Lawbook Co: Australia, Forthcoming
Sydney Law School Research Paper No. 10/14
The Torrens system in Australia protects the security of the registered title, but at what price is the certainty achieved? The registered title is subject to supervening statutes, and the defects in the registered dealings themselves. The system demands interpretive choices be made at the level of interaction with other statutes, and in determining claims between registered interests, such as between the registered proprietor and lessees or mortgagees. Both statutory and contractual interpretive approaches are required to determine these priority questions.
Number of Pages in PDF File: 23
Keywords: real property, statutory interpretation, mortgages, fraud
JEL Classification: K11
Date posted: December 2, 2009 ; Last revised: March 28, 2010
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