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Torrens Title in a Digital World

Author: Lynden Griggs LLB, LLM
Senior Lecturer, University of Tasmania School of Law
Subjects: Computer networks - legal aspects (Other articles)
Real property -- Law and legislation (Other articles)
Torrens System (Other articles)
Issue: Volume 8, Number 3 (September 2001)
Category: Refereed Articles

Abstract

The author questions the extent to which the essential themes of Torrens land title systems - these being the principle of indefeasibility, and a State guaranteed title are viable in the computer age and in light of the need to ensure that scarce public resources are being allocated in the most appropriate manner. He pursues an economic analysis of computerised registration schemes based on Torrens principles and concludes that electronic data lodgement supports the wealth maximization aimed at by the Torrens system. By ensuring greater accuracy in the register and thus decreasing the level of claims made on the assurance fund, there is a reallocation of resources from the public purse.

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