The Doctrinal Coherence of the Torrens System of Land Registration in Australia: Evolution or Revolution?

  • Lynden Griggs

Student thesis: Doctoral Thesis

Abstract

This submission demonstrates the original contribution made by my published work in advancing knowledge and understanding in the field of land law and specifically the Torrens system of land registration (or more generally title by registration). My body of work references a series of integrated and interrelated research questions all of which go towards answering the following: To what extent have the judicial and legislative developments concerning title by registration achieved doctrinal coherence with the ideas that underlie a title by registration (or Torrens) system of land registration? Within this overarching question, the taxonomy of my work is structured as follows: doctrinal research into indefeasibility and the recognition of unregistered interests in the Torrens system, the relationship between possession and title by registration, and discourse on the application of economic theory and consumer law to title by registration. The overarching view I reach is that the Torrens system of land registration and the institutions that guard its principles (be it the Parliament, judiciary, academe, conveyancing agents, financial institutions, and electronic conveyancing regulators (Australian Registrars National Electronic Conveyancing Council and Property Exchange Australia)) must remain vigilant in ensuring that the Torrens system of land registration is not modified in such a way that its doctrinal coherence is undermined.
Date of Award10 Jun 2017
LanguageEnglish
Awarding Institution
SupervisorMichael Weir (Supervisor) & Francina Cantatore (Supervisor)

Cite this

The Doctrinal Coherence of the Torrens System of Land Registration in Australia: Evolution or Revolution?
Griggs, L. (Author). 10 Jun 2017

Student thesis: Doctoral Thesis