Australian Property Titles

Discussion in 'Where to Buy' started by wajo111, 7th Mar, 2020.

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  1. wajo111

    wajo111 New Member

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    adelaide
    Hi Guys,

    Is there a cheat way to find if a title is a Torrens, community, strata ,company or qualified title by just looking at the title itself?
    When comparing titles they all look the same apart from the different plans they hold such as survey plan, deposited plan etc

    Why don't the titles just say if they are torrens or a qualified title or a community title?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    They do... They will note it's a SP or DP or DP with limitations.

    Anything prior to Torrens is OST.
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    There is only Torrens title and old system tile. Strata is a form of torrens
     
  4. lixas4

    lixas4 Well-Known Member

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    In vic, there are statements as to whether the title is torrens, general law, or qualified (half way between general law and torrens). The problem is it isn't apparent to someone that doesnt look at titles all day.
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I guess general law title is old system title, but I am not sure how land could have qualified title.

    Torrens is a system of title by registration. A lot of land has a number distinguishing it from other land and the legal ownership of this land is registered and recorded by the land titles office. Transfer is effected by filling out a form and once ownership is registered that is proof good enough to establish ownership. They say title is indefeasible once registered - subject to some limited exceptions.

    In old system was very cumbersome. A block of land had no registration and when it was sold or transferred the new and outgoing owner had to establish ownership by deed going back many years. How did the owner get the land - needed proof of this and then proof of how it was transferred to the prior owner. From memory this had to go back 6 generations and was very difficult to do.