Conversion and Torrens

1. Conversion and Torrens Cameron Stewart

2. Primary applications • S 14: Primary applications can be brought by: • (a)  a person claiming to be the person in whom is vested an estate in fee simple either at law or in equity in the land to which the application relates, • (b)  a person claiming, in the land to which the application relates, an estate in possession, or in reversion, or in remainder, or a leasehold for a life or for lives or a leasehold having a term of not less than twenty-five years current at the time of making the application, or • (c)  a person having the power to appoint an estate or interest referred to in paragraph (a) or (b) in the land to which the application relates, if the person obtains the consent of any other person whose consent to the exercise of the power is required and directs that the object of the power be named as proprietor in the folio of the Register to be created for that land.

3. Primary applications • Caveat against primary applications: s 74B(1) • Three months and then lapses without extension • No claim for compensation if lapsed: s 127 • Land then placed in ordinary folio

4. Qualified title • Two stages: RP gets a qualified protection and the later gets complete indefeasibility • RG creates a qualified title – thereafter must be effect by dealings • Qualified title is subject to subsisting interests • Qualified cannot be initiated by RP is only done by RG

5. Qualified title • S 28 A Subsisting interest, in relation to land for which a qualified folio of the Register has been created, means: • (a)  any contingent or vested estate or interest in that land that was in existence at the date on which the qualified folio of the Register was created and would have been enforceable against the person for the time being registered in that qualified folio as the proprietor had that qualified folio not been created and had any dealing registered therein been effected by a corresponding instrument duly registered under Division 1 of Part 23 of the Conveyancing Act 1919 at the same time as the dealing became registered in the Register, and • (b)  any estate or interest in that land, arising by prescription or under any statute of limitations, that was in existence or in the course of being acquired at the date on which the qualified folio of the Register was created.

6. Qualified title • RG issues a caution regarding the subsisting interests: s 28J • The RG then works out priorities on the basis that the interests as old system interests under s 184G CA

7. Qualified title • Lapsing of qualified title • Person registers for value without fraud • Then 6 years after creation of folio or registration of persdon, whatever is the later: s 28M • What if gift? Then must wait until bona fide purchaser and then 6 years or registration

8. Limited title • Created in 1976 • For land with boundaries insufficiently defined • Title is limited on the basis that the boundaries have not been investigated • Limitations can be cancelled on the lodgement of a plan after a survey • Caveats can be lodged to prevent registration of the plan