The Threat to Torrens System Posed by Exceptions to Indefeasibility and 'Overriding Statutes'

The effect of registration of an interest in Torrens land is to give the registered proprietor an indefeasible title to that interest. The Real Property Act 1900 (NSW) (hereby referred to as RP) in s 42(1) confirms that upon registration the registered proprietor acquires his or her interest free of unregistered interests. This is so even if the registered proprietor, prior to registration, has notice of such unregistered interests. However, the concept of indefeasible title is not …

…CLR 550 at 572  Luckas v Wood (1979) 19 SASR 520  Miller v Minister of Mines (1963) 2 WLR 92 at 98  Oertel v Horden (1902) 2 SR (NSW)(Eq) 37  Schultz v Corwill Properties Pty Ltd (1969) 90 WN (NSW) (Pt 1) 529  South Eastern Drainage Bourd v Savings Bank of Australia (1939) 62 CLR 603 at 625  State Bank NSW v Berowra Waters Holdings Pty Ltd (1984) 4 NSWLR 398 at 403  Tatuarangi Tairuakena v Mua Carr (1927) NZLR 688  United Starr-Bowkett Co-Operative Building Society (No 11) Ltd v Clyne (1967) 68 SR (NSW) 331