Fractionalised land interests: More questions than answers

The South Australian Government recently announced the launch of a new system of fractionalised land title, to be rolled out as a trial in two of Adelaide’s new residential towers. The system involves dividing the estate in each lot into 20 equal interests, using both blockchain technology and the Torrens register to record and trade them. This article outlines a possible design that would support such a proposal to analyse how a fractionalised land title challenges traditional categories of property, including the possibility of bifurcating land title into both real and personal property. It explores the likely range of rights and responsibilities and the tensions arising as a consequence, to conclude that there are a number of unresolved questions inherent in an otherwise elegant idea.