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8/13/2019 Chapter 1-Torrens System
http://slidepdf.com/reader/full/chapter-1-torrens-system 1/22
SEMESTER I, 2013/2014
8/13/2019 Chapter 1-Torrens System
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(i) Introduction to Torrens system
• Torrens system was modeled from the system
based on the Merchant Shipping Act 1854 and
Admiralty Rules to overcome the existing
problems posed by the Deed system.
• Principle: a system of land title where a
register of land holdings maintained by the
state guarantees indefeasibility title to thoseincluded in the register.
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• A system to place the land on the register
• The register is everything and any dealingmust be registered in order to gain
recognition.
• Sir Robert Torrens introduced this system ofland registration in the colony of South
Australia as the Real Property Act 1857.
– The system was based on the MerchantShipping Act 1854 (dealt with dealings with
ships)
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Registration
Indefeasibility of title
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The Bee v Maruthamutu [1977] 2 MLJ 7
“ Under the Torrens system the register is everything
and it would be wrong to allow an investigation as to
the right of the person to appear upon the registerwhen he holds the certificate of title”
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(a) Confers indefeasibility title upon registration
- Can be defeated where there is:
• Fraud, Forgery, Misrepresentation, Mistake,
Void instrument
(b) Any dealings must be registered in order to confer
title/interest to the new proprietor
- basis of record, not based on an individualproprietor
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PRINCIPLES OF TORRENSSYSTEM
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• The register reflects all the facts material to the registeredowner’s title in the land
• These material facts are
(a) The name of the proprietor for the time being(b) Particulars of the land, its area & location
(c) Survey plan & boundary limits
• The register reveal all the necessary particulars relating to
the land that would interest a potential purchaser or
chargee
• Contain in register document of title (RDT) and issue
document of title (IDT)
Mirror principle
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• In any transaction between the
registered owner and any potential
purchaser, the latter will be concernedonly with the register
• The potential purchase can safely relyon the register and need not look
behind it (may do so if he so wishes)
Curtain principle
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It is important to….
(a)Officially register all details regarding
dealings with the land on the title to the
land(b)Registration will give validity to the
dealing by creating a legal estate or
interest in the land(c)All dealings must be effected by
prescribed forms
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The law before the NLC 1965
(i) Straits Settlement
(a) Penang – English deed system
(b)Malacca• Before British : Malay customary tenure
(+ Islamic land principles)
– Dutch grants
– English deed system
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(ii) Federated Malay States
(a)Before British came : Malay customary land
tenure (+Islamic land law)(b)During British Residency system : Torrens
system
- General Land Regulations (Perak-1879,
Selangor- 1882, N9- 1887, Pahang-1888)
- Registration of Titles Regulations (Selangor-1891, Perak & Pahang- 1897, N9-1898)
- - Land Enactments of 1897 (enacted in all 4
states)
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Uniform laws in FMS
(a)F.M.S Land Enactment of 1911
(b)F.M.S Registration of Titles Enactment 1911(the uniformity of laws were made in pursuant
to the formation of the Federated Malay
States Agreement of 1895)
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(a) F.M.S Land Enactment of 1911
- Dealt with country lands less than 100acres in
area on Mukim Register (lands formerly heldunder the Malay customary tenure)
(b) F.M.S Registration of Titles Enactment
- Dealt with registry lands (town lands and
country lands exceeding 100 acres and
estates)
continued in force until amended by the Land
Code 1928
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(iii) Unfederated Malay States
• Before British occupation: Malay customary
tenure (+ Islamic land principles and someinfluence from the Siamese – Kelantan and
Kedah)
• British Advisory system
–Land Enactment 1910 (Johor)
– Kedah Land Enactment 1906 (amended in
1912) & Concession Enactment 1909
– Kelantan & Terengganu Land Enactment
1938
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National Land Code 1965
• NLC was enacted to achieve uniformity of law and
administration of land matters especially in
accordance with the Torrens system.
• Chick Mission (headed by Sir Louis Chick) was set upto study the weaknesses of law and administration in
land matters.
• A report from Chick Mission was submitted to
Commission of Experts.
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Reid Constitutional Commission (1956-1957
report)
The present position...is not all satisfactory. In
the Straits Settlements, the law is substantially
similar to the law of England. In the oldFederated Malay States the law is substantially
uniform, subject to certain specialities in
Negeri Sembilan. In the old Unfederated MalayStates, the law is not uniform”
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Basic features of National Land Code 1965
(a) Indefeasibility of title upon registration
(b) Adverse possession against state and individual
proprietor is no longer possible
(c) The rules of equity are recognized and applicablefor the protection of unregistered interest.
(d) Possessory rights will not be granted irrespective of
duration of possession- TOL
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(e) Reversion of land to the state
- state lease, non-cultivation, non-payment of rest,
breach of conditions, registered owner dieswithout successors, registered owner has
abandoned or surrendered the land to the State
(f) Strata titles recognised- issue of strata or subsidiary titles of sub-divided
buildings such as office complexes and
condominium housing- Repealed and replaced with Strata Titles Act 1985
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(g) Four caveats are recognised
- to protect the interest of non-registeredregistrable interest (or caveatable
interest) in the land
- Registrar’s caveat, Private Caveat,Lien-Holder’s caveat, Trust caveat
(h) Provision for granting easement