Torrens

Title Insurance | Abstract of Title | Torrens | 1031 Exchange

Torrens title property is property in which the title is under the supervision of the Court. Under the supervision of the Court, the Registrar of Titles issues a Certificate of Title, which is kept in the office of the Registrar. Torrens property is legally separate and distinct from title to abstract property. The judges of the district court appoint a county Examiner of Titles to perform the judicial, administrative and legal adviser duties.

The Torrens system was developed by Sir Robert Richard Torrens (1814-1884), an Australian customs officer and reformer of Australian land laws. He subsequently became a Registrar of Deeds. Sir Torrens was looking for five qualities: reliability, simplicity, low cost, speed and suitability.

The Torrens system is a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. With the “abstract system” and abstract is evidence of title. In the “Torrens system” the certificate of title is the title.

The purpose of the Torrens system is to simplify the transfer of real estate. The County Recorder is and/or directs the office of the Registrar of Titles. District Court, however, controls the registration of the land and directs the Registrar of Titles. An Examiner of Title is the legal advisor to the Registrar of Title and is appointed by the District Court.