|
Torrens title is a system of land title in which a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register. Land ownership is transferred through registration of title instead of using deeds. Its main purpose is to simplify land transactions and to certify to the ownership of an absolute title to realty. It has become pervasive around the countries strongly influenced by Britain, especially those in the Commonwealth of Nations. == Overview == The Torrens title system operates on the principle of "title by registration" (granting the high defeasibility of a registered ownership) rather than "registration of title." The system does away with the need for a chain of title (i.e. tracing title through a series of documents). The State guarantees title and is usually supported by a compensation scheme for those who lose their title due to the State's operation. In most jurisdictions, there will be parcels of land which are still unregistered.〔http://www.lpi.nsw.gov.au/land_titles〕 The Torrens system works on three principles: #Mirror principle – the register (Certificate of Title) reflects (mirrors) accurately and completely the current facts about a person's title. This means that, if a person sells an estate, the new title has to be identical to the old one in terms of description of lands, except for the owner's name. #Curtain principle – one does not need to go behind the Certificate of Title as it contains all the information about the title. This means that ownership need not be proved by long complicated documents that are kept by the owner, as in the Private Conveyancing system. All of the necessary information regarding ownership is on the Certificate of Title. #Indemnity principle – provides for compensation of loss if there are errors made by the Registrar of Titles. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Torrens title」の詳細全文を読む スポンサード リンク
|