Conversion of Old System
Land granted or alienated from the Crown before the 1 January 1863 is held under common law title and is known as Old System. Old System title can be converted to Torrens title:
- by Primary Application
- by Official Search
- upon registration of a deposited plan and related deeds
- upon registration of deeds and
- upon investigation by the Registrar General.
Old System land was based on the English Common Law System of conveyancing where each time land was sold or mortgaged a separate deed was prepared. Proof of ownership required a chain of these deeds.Possessory title Common Law has always regarded the possession or occupation of a parcel of land as sufficient evidence of ownership. Primary Application enables the conversion of Old System land to unqualified Torrens Tilte. Official Search may be used to remove a Caution from an existing Torrens Title. Deposited plans redefining Old System land when lodged for registration, should be accompanied by a statement of title particulars and the current deed evidencing ownership of the land.
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