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This is analogous to the Torrens system of land registration (called a "land registry" in the article), pioneered in South Australia in the mid 1800s. It has al
by jacques_chester 10y ago
This is analogous to the Torrens system of land registration (called a "land registry" in the article), pioneered in South Australia in the mid 1800s. It has almost totally replaced Common Law title everywhere that the Common Law operates.
Prior to Torrens, land ownership was under Common Law. You owned land by buying a title or deed from the previous owner, who had bought from someone else, and so on.
If the chain was broken, you ran the risk that some day, someone would show up with an unbroken chain that ran back further than yours.
Naturally this created an ocean of bitter legislation, often populated by jaunty fleets of fraudulent documents.
The Torrens system essentially says: unless it's in the government register, no land ownership or change of ownership is valid. You can sign anything you like, say anything you like, join pinkies and make a pinky promise. Until you update the register, it doesn't matter.
It's a simple and effective system. Given that enforcing the law of property is one of the fundamental purposes of governments, it makes sense that they would simplify enforcement for themselves and their citizens.
Of course, IANAL, TINLA.