Torrens, << TAWR uhnz or TOR uhnz, >> system is a system of registering titles to real estate. It is named for Sir Robert Torrens, who introduced it in South Australia in 1858. It has not been widely used in the United States. But nations of the British Commonwealth and Europe have adopted it. Its purpose is to make the transfer of real property as simple and safe as the transfer of other property, and to end repeated examination of titles.
A bureau or court of registration, supervised by a registrar, operates the system. An examiner of titles usually works with the registrar. The system substitutes public registration for conveyancing (transferring property by deeds and other written documents).
Under the Torrens system, the owner of a piece of land files a petition with the registrar to have the land registered. Searchers make a full inquiry into the title. If they find no flaw, the registrar issues a certificate of title, which a court cannot set aside or overcome. Thereafter, the certificate will always show the state of the title and the person who holds it. Any claim or other legal restriction on the property is listed on the certificate. If someone later has a just claim against the property, an insurance fund pays the person. Registration fees maintain the fund.
In the United States,
the first Torrens Act was passed by the legislature of Illinois in 1897. From time to time, other states in the nation have adopted the system. Since each state has its own system of registering titles, the Torrens acts vary. Few states use this system today.
In Canada.
In 1861, Vancouver Island adopted a system of land registration based upon the Torrens system. When Vancouver became a part of British Columbia, in 1866, the entire province continued the system. The provinces of Alberta, Manitoba, New Brunswick, Nova Scotia, Ontario, and Saskatchewan also use the Torrens title system.
