How was it that the Torrens system, a mid-nineteenth-century reform of land titles registration from distant South Australia, gradually replaced the inherited Anglo-Canadian common law system of land registration? In The Law of the Land, Greg Taylor traces the spread of the Torrens system, from its arrival in the far-flung outpost of 1860s Victoria, British Columbia, right up to twenty-first century Ontario. Examining the peculiarity of how this system of land reform swept through some provinces like wildfire, and yet still remains completely unknown in three provinces, Taylor shows how the different histories of various regions in Canada continue to shape the law in the present day. Presenting a concise and illuminating history of land reform, he also demonstrates the power of lobbying, by examining the influence of both moneylenders and lawyers who were the first to introduce the Torrens system to Canada east of the Rockies. An exact and fluent legal history of regional law reforms, The Law of the Land is a fascinating examination of commonwealth influence, and ongoing regional differences in Canada.

This book examines the current state of, and emerging issues in relation to, the Torrens and other systems of land registration, and the process of automation of land registration systems in jurisdictions where this is occurring worldwide. It analyses the impacts of advances in digital technology in this area and includes contributions from of a number of experts and leaders in this subject from a number of jurisdictions. While it has an Australasian bias, there are important chapters outlining current challenges and developments in Scotland, England and Wales, Ireland, and the Netherlands. The book will be relevant to those engaged in land registration and conveyancing processes, including, but not limited to, property law practitioners and conveyancers, academics in this field, government and public policy experts, law and property students, and IT and IP experts, especially those working on developing automated land registration systems.

Focussing on the Torrens title system, this text offers students and practitioners a unique perspective on Australian real property law.

This book explores the history of public land tenure records, which first began in colonial Massachusetts as English settlers and Native Americans tried to resolve differing ideas about rights to land in the seventeenth century. In South Australia, a similar method of state certification of land ownership arose in the nineteenth century, through Torrens system title registration – a process that would be widely adopted in British and American colonies as a particularly effective way of guaranteeing absolute ('fee simple') ownership over indigenous peoples’ land. This book explores the similarities between these two record systems, highlighting how similar settlement patterns and religious beliefs in both places focused attention on recording land tenure, and illustrating how these record systems encouraged new ways of thinking about rights to and on land.

This work has been written by a practitioner for the benefit of practitioners.The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.Chapters which follow on from the general introductory chapters:list all the recognised categories of situations where there is a caveatable interestdeal with defects in the drafting of caveatsdescribe the procedures available to a registered proprietor or other interested person for freeing the title from the caveatanalyse the criteria for a successful action for compensation for wrongful lodgement of a caveatexplain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.