A Never-Ending Story: Torrens Title in South Australia and the 2015-2016 Amendments to the Real Property Act 1886 (SA)

Abstract

This note summarises modifications made to the Real Property Act 1886 (SA) by two recent amending Acts: the Real Property (Priority Notices and Other Measures) Amendment Act 2015 (SA) and the Real Property (Electronic Conveyancing) Amendment Act 2016 (SA). The former introduces Priority Notices both to protect the priority of a dealing prior to registration and to provide notice to a person searching the Register while the transaction is pending. The latter allows for most common conveyancing transactions and financial settlements to be effected through an electronic platform using a digital signature and abolishes Duplicate Certificates of Title. The note suggests that any increased risk of fraudulent transactions that may arise as a result of these amendments is offset by the introduction of Priority Notices, the Title Watch Service and new identity verification standards.

Keywords: Real Property Act 1886 (SA); Real Property (Priority Notices and Other Measures) Amendment Act 2015 (SA); Real Property (Electronic Conveyancing) Amendment Act 2016 (SA); Priority Notices; Electronic Conveyancing; Duplicate Certificates of Title; Torrens System South Australia; Title Watch Service

JEL Classification: K1