Title Guarantee or Title Indefeasibility?
New Horizons for Torrens
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Dixon, M. Title Guarantee or Title Indefeasibility?. New Horizons for Torrens https://doi.org/10.17863/CAM.46105
Land registration systems are intended to promote certainty and to be straightforward. They are about certainty of ownership, certainty of transactions and certainty of outcomes in cases of dispute. They are meant to be straightforward to understand and straightforward to use. Of course, there will be disputes; there will be incompetence; there will be innocent mistakes; and there will be fraud. Although those commentating on the systems in their respective jurisdictions sometimes pretend that the world is perfect, and naturally argue for their system to be perfect, it is salutary to remember that land, its use and its value, is about life. And life is messy. A land registration system seeks to impose order on something which is fundamentally incapable of being ordered in a way that is intellectually satisfying. This is not a bad thing. It just is. Perhaps the best that can be hoped for is that the system in each jurisdiction provides cogent, clear and consistent solutions to practical problems. So, in thinking about a land registration system, and how it will operate, there should be a recognition that not everyone will be content with some of the outcomes. Not everyone can win; not everyone will agree. Choices have to be made.
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This record's DOI: https://doi.org/10.17863/CAM.46105
This record's URL: https://www.repository.cam.ac.uk/handle/1810/299043
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