The Torrens System: Definitely Not German

19 Pages Posted: 30 Sep 2011

See all articles by Greg Taylor

Greg Taylor

University of Adelaide - School of Law; University of Marburg; RMIT University - Graduate School of Business and Law

Date Written: September 30, 2011

Abstract

This article gives an overview of the reasons why the Torrens system cannot be considered a German import, having regard not so much to the detail of times and dates (which I have examined in detail elsewhere) but to aspects of early South Australian society which tend to disprove a crucial element in the case for considering it a German import: namely, that early South Australians would not have accepted the Torrens system had they known the 'truth' that it was of German origin. This accusation is a risible under-estimation of the broadmindedness of early South Australians, and the simple reason they were not told that it was of German origin is that it was not. A response is also provided to the accusation that Torrens was just a self-serving hypocrite when he claimed to be undertaking conveyancing reform in the interests of the public at large.

Keywords: Torrens System, South Australia, Germany, origins

JEL Classification: K00, K10, K11, K19, K20, K29, K30, K39, K49, K49

Suggested Citation

Taylor, Greg, The Torrens System: Definitely Not German (September 30, 2011). Adelaide Law Review, Vol. 30, No. 2, 2010; Monash University Faculty of Law Legal Studies Research Paper No. 2010/37. Available at SSRN: https://ssrn.com/abstract=1935816

Greg Taylor (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

University of Marburg ( email )

Universitätsstrasse 24
Marburg, D-35032
Germany

RMIT University - Graduate School of Business and Law ( email )

Melbourne
Australia

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