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Abstract

The essential and uncontroversial goals of the Torrens system have been stated by Professor Sackville (now Sackville J) The first is to provide a register from which persons who propose to deal with land can discover all the facts relative to the title...The second object is to ensure that a person dealing with land which is subject to the system is not adversely affected by any infirmities in his vendor’s title which do not appear on the register, thus saving the difficulty and expense of going behind the register to investigate the title. Thirdly, the Torrens system aims to provide a guarantee by the State that the picture presented by the register-book is true and complete. If this turns out not to be the case, compensation is to be paid to any person who suffers loss either through the land being made subject to the system or else through the register not disclosing all the facts relevant to the title.

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