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Indefeasibility for What? Interpretive Choices in the Torrens System

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

23 Pages Posted: 2 Dec 2009 Last revised: 28 Mar 2010

Patricia Lane

The University of Sydney Law School

Abstract

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.

Keywords: real property, statutory interpretation, mortgages, fraud

JEL Classification: K11

Suggested Citation

Lane, Patricia, Indefeasibility for What? Interpretive Choices in the Torrens System. 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. Available at SSRN: https://ssrn.com/abstract=1516091

Patricia Lane (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9335 3088 (Phone)

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