LEGAL PRINCIPLE: LAND LAW – Registration of Titles – Registered Title – Distinction from Registration of Instruments
PRINCIPLE STATEMENT
Registration of titles is distinct from registration of instruments; the former is simpler, cheaper, speedier and more reliable.
RATIO DECIDENDI (SOURCE)
"Registration of titles is however distinct from registration of instruments, the former is simpler, cheaper, speedier and more reliable."
EXPLANATION / SCOPE
Registration of titles (Torrens system) differs fundamentally from registration of instruments (deeds system). Title registration is simpler, cheaper, speedier, and more reliable. Under title registration, the register itself is conclusive evidence of ownership. Under instrument registration, registration only gives priority—the instrument itself must be valid. Title registration guarantees the State’s assurance of title; instrument registration only provides notice. Title registration eliminates the need for chain of title investigation. Instrument registration requires searching back through historical deeds. The distinction is critical for purchasers and lenders. Title registration offers greater security and efficiency. The principle encourages adoption of the Torrens system for its superior protection.