In New South Wales, the four principal systems of holding land are:

• old system title (general law title);

• Torrens title;

• Crown land; and

• native title.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In Victoria, the four principal systems of holding land are:

• old system title (general law title);

• Torrens title;

• Crown land; and

• native title.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In Queensland, the three systems of holding land are:

• Torrens title;

• Crown land; and

• native title.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In Western Australia, the four principal systems of holding land are:

• old system title (general law title);

• Torrens title;

• Crown land; and

• native title.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In South Australia, the four principal systems of holding land are:

• old system title (general law title);

• Torrens title;

• Crown land; and

• native title.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In Tasmania, the four principal systems of holding land are:

• old system title (general law title);

• Torrens title;

• Crown land; and

• native title.

Native title is not a significant part of practice.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In Northern Territory, the principal systems of holding land are:

• Torrens title;

• Crown land;

• native title; and

• Aboriginal land.

All estates and interests in land are either held by the Crown or by a person who has derived title, either directly or indirectly, from the Crown. An estate in fee simple is derived from the grant by or purchase from the Crown.

In the Australian Capital Territory, the principal systems of holding land are:

• Torrens title; and

• Crown land

All land in the ACT is owned by the Commonwealth and is subject to a leasehold system of land tenure. The ACT Government, by agreement with the Commonwealth, provides a facility for the registration of land within the Jervis Bay Territory. Land in the Jervis Bay Territory is held under both leasehold and freehold title.

All Crown grants since 1 January 1863 have been registered under the Real Property Act 1900 (NSW) (RP Act) and are known as land under the “Torrens” system. Land subject to Crown grants made prior to 1 January 1863 (which have not been bought under the provisions of the RP Act) is known as land held under “old system” or “common law” title.

Title under the "old system" can only be established by tracing it back to a good root of title – that is, an unbroken chain of all events and documents affecting the land for 30 years. It can be an extremely difficult process.

All Crown grants since 1 January 1863 have been registered under Transfer of Land Act 1958 (Vic) and are known as land under the "Torrens" system. Land subject to Crown grants made prior to 1 January 1863 (which have not been bought under the provisions of the Act) is known as land held under "old system" or "common law" title.

Title under the "old system" can only be established by tracing it back to a good root of title - that is, an unbroken chain of all events and documents affecting the land for 30 years. It can be an extremely difficult process.

In Queensland, the “old system” started under the Registration of Deeds Act 1843 (Qld). Land subject to Crown grants were bought under the Real Property Act 1861 (Qld), which are not under the Land Title Act 1994 (Qld).

The “old system” applies to land that was granted prior to the Transfer of Land Act 1874 (WA) (repealed). All land under the Transfer of Land Act 1874 (WA) is deemed to be under the operation of the Transfer of Land Act 1893 (WA): s 4(2) .

The Torrens system is based on a system of registration whereby a register for all titles is maintained at Landgate (the Western Australian Land Information Authority).

All Land Grants from the Crown since the commencement of the Real Property Act 1857-8 (SA) have been registered under what is now the Real Property Act 1886 (SA) and are known as land under the “Torrens” system. Land subject to Crown grants made prior to then (which have not subsequently been brought under the provisions of the Real Property Act) is known as land held under “old system” or “common law” title. The Real Property (Registration of Titles) Act 1945 (SA) requires the Registrar-General to convert all land from the “old system” to the Real Property Act by a compulsory process, however this will take some time and in many cases, the Real Property Act titles created will be limited titles.

Title under the “old system” can only be established by tracing it back to a good root of title — that is, an unbroken chain of all events and documents affecting the land for 30 years. It can be an extremely difficult process.

Nearly all titles are held under the land title system based on a register of government certificates of ownership, known as the Torrens system. The English system of land tenure brought to Australia with European settlement is known as "old system", "general law" or "common law". Land subject to Crown grants made prior to the Torrens system was held under old system. A longstanding conversion program means, there are few remaining old system titles yet to be bought under the provisions of the Torrens system.

This is Title under the "old system" can only be established by tracing it back to a good root of title — that is, an unbroken chain of all events and documents affecting the land for at least 20 years. It can be an extremely difficult process.

There is no "old system" title in the NT.

See Old system title.

Title under the old system can not only be held under a documentary title, but also possessory title. This is because title includes the right to possession so that the person who has the best right to possession is able to resist claims for possession, even by a legal owner under general law. This allows a person to become the owner of the land under possessory title through adverse possession.

Qualified title and limited title are hybrid forms of title, bearing some of the features of the Torrens system and the infirmities of the old system. They are created in the process of converting old system land to the Torrens system. Land held under qualified title is subject to subsisting interests. For land which is limited title, there is doubt as to its boundaries. See Possessory title, qualified title and limited title.

Title under the old system can not only be held under a documentary title, but also possessory title. This is because title includes the right to possession so that the person who has the best right to possession is able to resist claims for possession, even by a legal owner under general law. This allows a person to become the owner of the land under possessory title through adverse possession.

Limited titles are hybrid forms of title, bearing some of the features of the Torrens system and the infirmities of the old system. They are created in the process of converting old system land to the Torrens system. Land held under limited title is subject to subsisting interests or there is doubt as to its boundaries.

The Torrens system of registration of title came into effect on 1 January 1863 under the Real Property Act 1862 (NSW). That Act has since been replaced by the Real Property Act 1900 (NSW).

Title under the Torrens system is derived through registration of interests in land. Less than 5% of the land holding in New South Wales is under old system title, not just under private holdings, but includes holdings of considerable value, both urban and rural.

The Torrens system of registration of title came into effect on 1 January 1863 under the Transfer of Land Act 1862 (Vic). That Act has since been replaced by the Transfer of Land Act 1958 (Vic).

Title under the Torrens system is derived through registration of interests in land. Less than 3% of the land holding in Victoria is under old system title.

The Torrens system of registration of title came into effect on 1 January 1863 under the Real Property Act 1861 (Qld). That Act has since been replaced by the Land Title Act 1994 (Qld). Title under the Torrens system is derived through registration of interests in land. Less than 5% of the land holding in Queensland is under old system title, not just under private holdings, but includes holdings of considerable value, both urban and rural.

The Torrens system of registration came into effect under the Transfer of Land Act 1874 (WA). That act has since been repealed and replaced by the Transfer of Land Act 1893 (WA).

The Torrens system of registration of title first came into effect on the commencement of the Real Property Act 1857 (SA). That Act has since been replaced by the RP Act.

Title under the Torrens system is derived through registration of interests in land. A very small amount of the land holding in South Australia remains under old system title, not just under private holdings, but includes holdings of considerable value, both urban and rural.

The Torrens system of registration of title first came into effect on the commencement of the Real Property Act 1862 (Tas). That current Act is the Land Titles Act 1980 (Tas).

Title under the Torrens system is derived through government certified registration of interests in land. A very small amount of the land holding in Tasmania remains under old system title.

The Torrens system of registration of title came into effect under the Real Property Act 1886 (NT). That Act has since been replaced by the Land Title Act (NT).

Title under the Torrens system is derived through registration of interests in land.

The Torrens system of registration of title came into effect in NSW on 1 January 1863 under the Real Property Act 1862 (NSW) which had application in the ACT. On 21 May 1925 the application of this Act in the ACT was repealed and replaced with the Real Property Ordinance 1925 (Cth). On 11 May 1989, the ordinance then became the Real Property Act 1925 (ACT) by virtue of s 34(4) of the Australian Capital Territory (Self-Government) Act 1988 and was renamed the Land Titles Act 1925 (ACT) in 1995.

Title under the Torrens system is derived through registration of interests in land.

See Torrens title.

While strata title, strata (leasehold) title and community title are often referred to as types of title and in fact have the word “title” included in the name, they are systems of subdivision providing methods by which property can be sold or conveyed.

In Queensland, such types of title are called community title schemes (see below).

This guidance note will discuss each of the above methods of subdivision from the perspective of the developer.

While strata title, strata (leasehold) title and community title are often referred to as types of title and in fact have the word “title” included in the name, they are systems of land division providing methods by which property can be sold or conveyed.

See Strata title.

Community title is a method of subdividing land, combining traditional subdivision with concepts from strata subdivision, including common property, a controlling body corporate, rules of the scheme and provision of services to all lots in the scheme.

Community title is a method of dividing land, combining traditional subdivision with concepts from strata division, including common property, a controlling body corporate, rules of the scheme and provision of services to all lots in the scheme.

See Community title.

“Native Title” has been recognised as a separate species of land ownership, as determined by the laws and customs of particular Aboriginal people or Torres Strait Islanders, rather than being derived from original Crown grants.

An additional and separate legislative scheme also operates in relation to traditional Aboriginal land in the Northern Territory, which provides for the grant of freehold land to various Aboriginal Land Trusts.

In the Northern Territory, over 40% of the land mass has been granted under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) to benefit Aboriginals. Under this Act, there are restrictions on how interests in the land can be disposed of.

See Native title.