Electronic Land Dealings in Canada, New Zealand and the United Kingdom: Lessons for Australia
AbstractThe article poses the question whether the integrity of the Torrens system of State-guaranteed title could be maintained in an electronic system in Australia, given the amount of fraud perpetrated within the paper system. It outlines the introduction of computerised land registration or land information systems in several Torrens title jurisdictions including New Zealand, Canada and the United Kingdom, and discusses the security, integrity and liability issues involved. The development of electronic lodgement and registration systems in a number of Australian jurisdictions is summarised, and issues specific to the Australian context are discussed. The author submits that, given the experience of other jurisdictions and the lessons learned from them, it should be possible for the Australian registrars to develop an electronic system that fulfils not only legal requirements but also maintains the confidence of users in a Torrens registry system. |