DOCTRINE OF TENURE Doctrine of tenure" > creates a chain of title, and land is held by way of grant from the crown (freehold, leasehold) but ultimately legal interest vests in the Crown. No absolute ownerships. Doctrine of estate > enjoyment of land during successive periods. See Brennan CJ in Wik Peoples v State of Queenslan. 1. Freehold estates -> Land Title Act a. Fee simple - comparable to 'absolute ownership' i. held individually ii. unlimited duration iii. right to transfer inter vivos or devise by will b. Life estate - will last for the duration of person's life, they can use / enjoy land, but will terminate upon death. 2. Non-freehold estate (DN2K) > Land Act a. Leasehold estate - grant of exclusive possession by the owner (Crown) to another person for a fixed or determinate period. i. 70% approx. of Queensland held via Crown leasehold - leases from the Crown to companies or individuals ii. Crown leasehold is unique to Australian law iii. Tenures - pastoral, agricultural, residential iv. Sophisticated classification system of Crown leases v. Land Act 1962 - possible to convert some Crown leasehold land to fee simple vi. Land Act 1994 - modernised this system providing an electronic registration system for Crown Leasehold land. OLD SYSTEM CONVEYANCING Derivative Title - Had to prove chain of title with deeds and documents going back 60 years. Title depended on the validity of those documents. - i.e had to prove you owned land, even then title was subject to challenge. TORRENS SYSTEM 'Sir Robert Torrens' -> 1st Registrar in SA and had vision to introduce Torrens system which would create certainty of title, security of title, reduced conveyancing costs. Torrens system aimed to achieve: 1. Certainty of title 2. Security of title 3. Reduce conveyancing costs.
Adopted in QLD in by the RPA 1861, 1877, LTA 1994 (Freehold) and LA 1994 (leaseholds). The Torrens System is based on 3 principles: 1. Mirror principle (conclusive title) - register accurately and completely reflects all facts material to the owner's title to the land. 2. Curatin Principle (No need to look beyond register) - the register is the sole source of information for prospective purchasers who need not and must not concern themselves with trusts and equities which lie behind the curtain. 3. Insurance Principle (State guarantee of compensation)- where a person is deprived of an interest in land because of the operation of the Torrens system, they shall be entitled to compensation. MAIN DIFFERENCE BTW OLD SYSTEM AND TORRENS 1. The effect of registering under old system governed priority between valid documents only. Under Torrens title, the act of registration confers title and therefore even invalid documents can vest and divest title. 2. Under old system legal title passed on execution and delivery of deed of conveyance. Under Torrens system legal title does not pass until the instrument is registered. 3. Under old system mortgage took effect as a conveyance of land for the mortgagor to the mortgagee. Under Torrens