Wednesday 2nd July 2008, is the 150th anniversary of the introduction of the first Torrens System of land titling in the world. In South Australia on 2 July 1858 Sir Robert Richard Torrens saw the Real Property Act 1858 (SA) come into operation.
Robert Torrens was the first Registrar-General of South Australia. Whilst in his previous position as Collector of Customs for the colony, Sir Robert had developed a strong dislike of the system of land registration in existence. His reforms replaced the system inherited from Britain and made conveyancing more efficient and more certain. The key to the Torrens System is that title to land is derived from registration – “it is a system of title by registration and not one of registration of title.”
Over time the Torrens System was adopted by every Australian state and territory and in many other parts of the world. While the fundamentals remain the same, differences of interpretation and application have resulted in some variations in the way the system now operates in each jurisdiction.
The introduction of the Torrens System heralded a major change to the way conveyancing was conducted. 150 years later the most significant development since then is now upon us - electronic conveyancing.
When the Torrens System commenced Australia consisted of a number of separate colonies. It is now one country with a central government. Technology has delivered not only the opportunity for conveyancing to be performed online but also for the creation of a single national system. This will make the process more efficient for the conveyancing industry and overcome the differences that have evolved in titling systems around Australia. Modern Australia cannot afford to repeat the mistakes of the past if we are to grow and prosper as a nation. The conveyancing industry needs and wants a single national system for electronic conveyancing.
The National Electronic Conveyancing System (NECS) that is currently being developed is a single national facility providing for settling property transactions electronically, preparing, and lodging instruments electronically with land registries and paying duty and other financial obligations electronically.
Issues currently being addressed in the development of the national system include:
- Detailed legislative requirements in each jurisdiction
- Governance issues
- Systems rules and operation
- Business practices
- Risk management strategies
- Common data standards
Sir Robert Torrens had the vision 150 years ago. The system he introduced then has served us well. By the careful and thoughtful application of modern technology, the Torrens System can remain the basis of land titling systems that meet the needs of today and into the future.
NECS Newsletter 2 July 2008
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