BACKGROUND OF THE TORRENS SYSTEM OF

REGISTRATION
> In this system, title by registration takes the place of “title by deeds” of the system under the
“general” law

> A sale of land for example is effected by a registered transfer, upon which a certificate of title
is issued
o Certificate is guaranteed by statute, and with certain exceptions, constitutes indefeasible title to
the land mentioned therein
o Under old system, the same sale would be effected through conveyance, depending on its
validity, apart from intrinsic flaws, on the correctness of a long series of prior deeds, wills, etc.

> Object of the Torrens system: to do away with the delay, uncertainty, and expense of the old
conveyancing system
> Generally, by “Torrens” systems are meant those systems of registration of transactions with
interest in land whose declared object is, under governmental authority, to establish and certify to
the ownership of an absolute and indeafisible title to realty, and to simplify its transfer.

PURPOSE OF THE TORRENS SYSTEM

1. To quiet the title to land

2. To put a stop forever to any question of legality of the title, except claims which were noted at
the time of registration, in the certificate, or which may arise subsequent thereto
> Once a title is registered the owner may rest secure, without the necessity of waiting in the
portals of the court, to avoid the possibility of losing his land
> All the world are parties, including the government
> After the registration is complete and final, and there exists no fraud, there are no innocent
third parties who may claim any interest.
> Aims to decree land titles shall be final, irrevocable, and indisputable, and to relieve the land of
the burden of known as well as unknown claims
> The registration either relieves the land of all known as well as unknown claims absolutely, or
it compels the claimants to come unto court and to make there a record, so that thereafter, there
may be no uncertainty concerning either the character or the extent of such claims

ADVANTAGES OF THE TORRENS SYSTEM

1. Substituted security for insecurity
2. Reduced the cost of conveyance from pounds to shillings, and the time occupied from months
to days
3. It has exchanged brevity and clearness for obscurity and verbiage
4. It has so simplified ordinary dealings that he who has mastered the 3 R’s can transact his own
conveyancing
5. It affords protection against fraud
6. It has restored to their just value many estates, held under good holding titles, but depreciated
in consequence of some blur or technical defect, and has barred the reoccurrence of any similar
faults