Until the creation of the Torrens title system, land ownership was based on the “common law” system of conveyancing under English law, now known as “old system”. Land ownership and title under the old system is known as “old system title”.

When land is transferred or mortgaged under the old system, a separate deed is drawn up between the parties. That deed is then lodged for registration with the Registrar-General at the LPI. On registration, the deed is given a Book and Number identification (for example, Book 1234 No 123).

Unlike Torrens title land, old system land is not guaranteed by the government. Accordingly, a number of processes and checks should be made by a lawyer advising on any dealing with old system title land. This includes reviewing the abstract of title to prove the chain of title and considering whether the conversion of the title to the Torrens title system is preferable. See Nature of old system title land.

As a measure of security, before ownership can be transferred, the vendor has to prove ownership to the title by providing evidence of an unbroken series of deeds in the form of a “chain of title”. There are only certain types of deeds sufficient to provide evidence of a “chain of title” including, a deed of original grant, deed of conveyance and a deed of mortgage. There are some types of deeds that are not sufficient to prove the “chain of title”, including a change of ownership by probate. A “good root of title” is a chain of title of a minimum of 30 years ending with the vendor (see s 53 of the Conveyancing Act, 1919). The collated material and report showing the good root of title is called the “abstract of title”. See Abstract of title.

Over time, many old system titles have been converted to the Torrens title system, thus bringing the land under the provisions of the Real Property Act 1900 (NSW). This is done by way of a primary application lodged with the LPI. Such converted titles often contain cautions in the second schedule of the Torrens title certificate of title describing the title as “limited title” and/or “qualified title”.

Limited title is a warning that the boundaries of the parcel of land have not been adequately defined via a plan and/or have not been investigated by the LPI. Accordingly, the boundaries of the parcel of land are not guaranteed until defined in a new plan of survey. The limitation can be removed by lodgment of a plan of delimitation. These plans require an in-depth investigation as to the position of the original deed boundaries. Particular care must be taken to accurately describe the boundaries so possible claims of adverse possession do not occur in the future. It is therefore worthwhile having a network of surveyors with the relevant experience.

Qualified title is a warning that the title has been recently converted from the old system and that ownership of the land is held subject to any "subsisting interests" that may exist under the old system. The qualification caution will be removed from the certificate of title in certain instances. See Old system title conversion to Torrens title — qualified title and limited title.

Until the creation of the Torrens title system, land ownership was based on the “common law” system of conveyancing under English law, now known as “old system”. Land ownership and title under the old system is known as “old system title”.

When land is transferred or mortgaged under the old system, a separate deed is drawn up between the parties. Up until 31 December 1998, a memorial of the deed could then be lodged with the Registrar-General for registration. However, registration was optional and registration just related to recording the memorial and not to registration of ownership (ie general law land interests are conveyed by deed and the chain of documents provided to each new owner is evidence of ownership. This is different to the Torrens system which registers ownership interests). The benefit conferred by registration was one of priority and, subject to some limited exceptions, generally gave priority to the registered deed over any other deed subsequently registered. However, because registration was optional, a claim that was not registered or not capable of registration (for example, equitable mortgage) could exist over general law land that wouldn't be revealed by a search of the register.

The general law register closed on 31 December 1998 (refer to the now repealed Transfer of Land (Single Register) Act 1998 (Vic)), and since then it has not been possible to register a general law land transaction. It is still possible to convey general law title under the general law system, but it is very rare since the register has been closed, and usually a purchaser will convert the title to Torrens title as a condition of settlement or after settlement.

Unlike Torrens title land, old system land is not guaranteed by the government. Accordingly, a number of processes and checks should be made by a lawyer advising on any dealing with old system title land. This includes reviewing the chain of title and undertaking appropriate searches at Land Victoria using a professional search agent and considering whether the conversion of the title to the Torrens title system is preferable. See Nature of old system title land.

As a measure of security, before ownership can be transferred, the vendor has to prove ownership to the title by providing evidence of an unbroken series of deeds in the form of a “chain of title”. A “good root of title” is a chain of title of a minimum of 30 years ending with the vendor (see s 44 of the Property Law Act 1958 (Vic)). See Abstract of title.

Over time, many old system titles have been converted to the Torrens title system, thus bringing the land under the provisions of the Transfer of Land Act 1958 (Vic). This can be done through different processes initiated by an applicant under ss 14 , 15 , 22 and 23 of the Transfer of Land Act 1958 (Vic).

The Registrar-General may create an unqualified certificate of title or may register a qualified title (formally referred to a provisional folio) on which there are warnings. Where a qualified certificate of title is issued, the warning is equivalent to an encumbrance shown on the certificate of title.

A warning relating to title dimensions is a warning that the boundaries of the parcel of land have not been adequately defined via a plan and/or have not been investigated by the Registrar-General. The warning can be removed upon the application of the owner with a survey plan certified by a licensed surveyor.

Qualifications as to title often relate to matters disclosed in the legal practitioner's certificate, which often forms part of the application for the conversion process. Qualifications as to title may be removed and generally cease at the end of 15 years from the date of creation of the qualified title.

See Old system title conversion to Torrens title — qualified title.

Until the creation of the Torrens title system, land ownership was based on the "common law" system of conveyancing under English law, now known as "old system". Land ownership and title under the old system is known as "old system title".

When land is transferred or mortgaged under the old system, a separate deed is drawn up between the parties. That deed is then lodged for registration with the Registrar-General at the Department of Natural Resources, Mines and Energy (DNRME).

Unlike Torrens title land, old system land is not guaranteed by the government. Accordingly, a number of processes and checks should be made by a lawyer advising on any dealing with old system title land. This includes reviewing the abstract of title to prove the chain of title and considering whether the conversion of the title to the Torrens title system is preferable.

See Nature of old system title land.

There is no concept of an abstract of title in Queensland as all old system land has been converted into Torrens title.

The Real Property Act 1861 (which has now been repealed) marked the introduction to Queensland of the Torrens system of registering interests in land. Prior to this, freehold land granted by the Crown was dealt with under the now repealed Registration of Deeds Act 1843. Unlike other states, all identified “old system land” in Queensland has now been converted to Torrens title. See Old system title conversion to Torrens title — qualified title.

Until the creation of the Torrens title system, land ownership was based on the “common law” system of conveyancing under English law, now known as “old system”. Land ownership and title under the old system is known as “old system title”.

When land is transferred or mortgaged under the old system, a separate deed is drawn up between the parties. A memorial of that deed is then lodged for registration with the Registrar of Deeds under the Registration of Deeds Act 1856 (WA).

Unlike Torrens title land, old system land is not guaranteed by the government. Accordingly, a number of processes and checks should be made by a lawyer advising on any dealing with old system title land. This includes reviewing the abstract of title to prove the chain of title and considering whether the conversion of the title to the Torrens title system is required. See Nature of old system title land.

As a measure of security, before ownership can be transferred, the vendor has to prove ownership to the title by providing evidence of an unbroken series of deeds in the form of a “chain of title”. There are only certain types of deeds sufficient to provide evidence of a “chain of title”, including a deed of original grant, deed of conveyance and a deed of mortgage. There are some types of deeds that are not sufficient to prove the “chain of title”, including a change of ownership by probate. Pursuant to s 22 of the Sale of Land Act 1970 (WA), a “good root of title” is a chain of title of a minimum of 30 years ending with the vendor. The collated material and report showing the good root of title is called the “abstract of title”. See Abstract of title.

Over time, many old system titles have been converted to the Torrens title system, thus bringing the land under the provisions of the Transfer of Land Act 1893 (WA). This is done by way of an application lodged with Landgate. See Old system title conversion to Torrens title — qualified title and limited title.

Until the creation of the Torrens title system, land ownership was based on the "common law" system of conveyancing under English law, now known as "old system". Land ownership and title under the old system is known as "old system title"

When land is transferred or mortgaged under the old system, a separate deed is drawn up between the parties. That deed may then be lodged for deposit with the Registrar-General at the General Registry Office under the Registration of Deeds Act 1935 (SA). On deposit, the deed is given an identification number, such as “No 13 of 2012”.

Unlike Torrens title land, old system land is not guaranteed by the government. Accordingly, a number of processes and checks should be made by a lawyer advising on any dealing with old system title land. This includes reviewing the abstract of title to prove the chain of title and considering whether the conversion of the title to the Torrens title system is preferable. See Nature of old system title land.

As a measure of security, before ownership can be transferred, the vendor has to prove ownership to the title by providing evidence of an unbroken series of deeds in the form of a "chain of title". There are only certain types of deeds sufficient to provide evidence of a "chain of title", including a deed of original grant, deed of conveyance and a deed of mortgage. There are some types of deeds that are not sufficient to prove the "chain of title", including a change of ownership by probate. A "good root of title" is a chain of title ending with the vendor. The collated material and report showing the good root of title is called the "abstract of title". See Abstract of title.

Over time, many old system titles have been converted to the Torrens title system, thus bringing the land under the provisions of the Real Property Act 1886 (SA). This can be done by way of an application under Pt 4 of the Real Property Act 1886 (SA) lodged with the Land Titles Office (LTO). In addition, the Registrar-General has progressively converted most of the land in South Australia to Torrens title pursuant to the Real Property (Registration of Titles) Act 1945 (SA). Such converted titles may contain cautions on the certificate of title describing the title as "limited title".

Limited title is a warning that the boundaries of the parcel of land have not been adequately defined via a plan and/or have not been investigated by the LTO. Accordingly, the boundaries of the parcel of land are not guaranteed until defined in a new plan of survey. The limitation can be removed by lodgment of a certified survey plan. These plans require an in-depth investigation as to the position of the original deed boundaries. Particular care must be taken to accurately describe the boundaries so possible claims of adverse possession do not occur in the future. It is therefore worthwhile having a network of surveyors with the relevant experience.

Limited title may also be a warning that ownership of the land is held subject to defects in title that may exist under the old system. A limited title can be converted to an ordinary certificate of title in certain instances. See Old system title conversion to Torrens title — qualified and limited title.

Until the creation of the Torrens title system, land ownership was based on the "common law" system of proof of land ownership under English law, now known as "old system" or “general law”. Land titles under the old system are known as "old system titles" or “general law titles”.

When land is transferred or mortgaged under the old system, a separate deed is drawn up between the parties. That deed is then lodged for registration at the land registry.

Unlike Torrens title land, old system land is not guaranteed by the government. Persons dealing with old system land must assess the title for themselves.

A lawyer advising on any dealing with old system title land needs to review the abstract of title to prove the chain of title, and should consider a conversion of the title to the Torrens title system. See Nature of old system title land.

Before ownership is transferred, the vendor has to prove ownership to the title by providing evidence of an unbroken series of deeds in the form of a "chain of title”. The collated material and report showing the chain of title is called the "abstract of title".

A chain of title must begin with a "good root of title" of a minimum age which varies from state to state and end with title under control of the vendor. Only some transactions are sufficient to constitute a “good root of title”, including a deed of original grant, deed of conveyance and a deed of mortgage. Dealings that do not sufficiently evidence in themselves acceptance of title to pass a complete freehold interest are not sufficient to constitute a “good root of title", for instance a change of ownership by probate. See Abstract of title.

Most old system titles have been converted to the Torrens title system. Old system titles can be converted to the Torrens title system by application to the land registry.

Converted titles sometimes contain cautions in the Torrens title certificate of title. Converted titles may be issued based on the property description under the old system title, with a sketch plan but without a new plan of survey.

Qualified titles warn that the title has been recently converted from the old system and that ownership of the land may be subject to any outstanding interests under the old system. The qualification caution will be removed from the certificate of title in certain instances.

The Northern Territory, after various expeditions of exploration and survey including the iconic journey of John McDouall Stuart, was effectively acquired by the colony of South Australia in 1863 and populated following a series of expeditions of labourers and citizens. The administration of the area now known as the Northern Territory was granted as a matter of convenience to the colony of South Australia (among other reasons). In 1911, the Northern Territory was surrendered to the Commonwealth and self-governance was finally attained in 1978.

The Northern Territory has always operated some type of Torrens system since being acquired by the South Australian colony in 1863 by letter patents. Upon annexation, initially, the South Australian Real Property Acts of 1861 and 1958 applied in the Northern Territory. Later, when the Northern Territory came under the control of the Commonwealth, a series of ordinances were passed which essentially maintained the principles of the original South Australian Real Property Acts in the Northern Territory. Upon becoming a self-governing entity, the Northern Territory enacted its own Real Property Act of (NT) based primarily on the South Australian Real Property Act model of 1886. However, the Real Property Act (NT) has since been repealed.

As a result, questions of old system title land have never really arisen in the Northern Territory as all land was either created or converted to Torrens system title. Today, all land in the Northern Territory is registered under the Torrens system of title with no old system title land existing.

Since 2000, the Torrens system adopted from South Australia has been consolidated by the enactment of the Land Title Act (NT). The Registrar-General is responsible for maintaining the land register, and, consequently, the smooth running of the Torrens system in the Northern Territory under a computerised database that grants indefeasibility upon registration.

The site for the Australian Capital Territory (ACT) was provided for by s 125 of the Commonwealth of Australia Constitution Act (Cth) (the Constitution), which permitted a seat of Government of the Commonwealth determined by the Parliament which was to be granted to or acquired by the Commonwealth and remain vested in the Commonwealth.

After selecting the site of the ACT, it was declared that “No Crown lands in the Territory shall be sold or disposed of for any estate of freehold.....” (see s 9 of the Seat of Government (Administration) Act 1910 (Cth)). While there was some freehold land which continued to exist following the formation of the ACT, all land in the ACT is now leasehold land. In the ACT, all land is registered on the register maintained under s 43 of the Land Title Act 1925 (ACT). There is therefore no old system title in the ACT.