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The Torrens System and Indefeasibility in Queensland Real Property Law

Chapter 10 of real property law in Queensland provides an in-depth discussion of the operation of the Torrens system and the concept of indefeasibility. The Torrens system is a land registration system that was introduced in Queensland in 1861. Its purpose was to provide a system of land registration that would provide certainty and security of title to landowners. Under the Torrens system, all interests in land are recorded on a single register maintained by the Queensland Government. This register is called the Register of Titles. When a person acquires an interest in land, such as by buying a property, their interest is recorded on the register. Once an interest is recorded on the register, it is presumed to be valid and binding on all parties. The concept of indefeasibility is a central feature of the Torrens system. Indefeasibility means that a registered owner's title is protected against all prior interests that were not recorded on the register. This means that if a person acquires an interest in land, and that interest is recorded on the register, their title cannot be challenged by anyone who claims an interest in the land based on a prior unrecorded interest. However, there are exceptions to indefeasibility. These exceptions include fraud, forgery, and the operation of the in personam exception. Fraud involves a deliberate misrepresentation by a party that leads to the registration of an interest in land. Forgery involves the creation of a false document that is used to transfer an interest in land. The in personam exception allows a person to challenge the validity of a registered interest if they have a legal or equitable cause of action against the registered owner. The chapter also discusses the role of the Assurance Fund. The Assurance Fund is a fund established by the Queensland Government to provide compensation to individuals who have suffered loss due to fraud or error in the registration process. The Fund is financed by a levy on registered landowners and is administered by the Registrar of Titles. In summary, Chapter 10 of real property law in Queensland provides a detailed discussion of the Torrens system and the concept of indefeasibility. It explains how the system works, the exceptions to indefeasibility, and the role of the Assurance Fund in providing compensation to those who have suffered loss due to fraud or error in the registration process.