Legal Studies Module 3

8/2/2019 Legal Studies Module 3

1/14

The Torrens System

07/03/2012 JAMALUDIN YAAKOB 1


2/14

CONTENT


THE TORRENS SYSTEM

Characteristics

Introduction

Objectives

Learning Outcome


3/14

Learning Outcomes


At the end of the discussion

students should be able to discuss

the significance of registration and

the doctrine ofindefeasibility of title

under the Torrens System

THE TORRENS SYSTEM


4/14

Introduction

Torrens System is a system of land tenure, administration andtransaction by registration.

Ali AG CJ in Teh Bee v. Maruthamuthu [1977] 2 MLJ 7 (FC)said underthe Torrens System theregistrationiseverything.

(at page 12)

Good J in Papoo v Veeriah [1965] 1 MLJ 127said thatregistrationis the cornerstone of the Torrens System.

The system was designed by Sir Robert Torrens.

The British colonials introduced the system into Malaya instages by way ofseveral statutes.


THE TORRENS SYSTEM


5/14


Sir Robert Torrens

THE TORRENS SYSTEM


6/14

Introduction

Suriyadi J in Sime BankvMohdHassan Bin Sulaiman said that:The NLC 1965 w as made effective from 1 Jan. 1966 whereby

thence-forth a uniform system of land tenure and dealing

existed throughout Peninsular Malaysia. Penang and Malacca

were also absorbed into the system by the promulgation of thePenang and Malacca Titles Act 1963. In a g ist, the system

practiced is commonlyreferred to as the Torrens System or the

registration of titles system. It owed it's origin afterSir Robert

T

orrens, who earlier had introduced it into South Australiawhich thereafter spread throughout Australia, and eventually

reaching our shores.

[2000] 2 MLJ 160 at p 161.


THE TORRENS SYSTEM


7/14

Early Statutes

07/03/2012 JAMALUDIN YAAKOB

FMS Registration of Titles

EnactmentsAll four states (1911)

FMS Land Enactments All four states (1897)

Land Enactments All four states (1897)

Registration of Titles

Regulations

Perak (1897); Sel.(1891);

NS (1898); Pahang (1897)

General Land RegulationsPerak (1879); Sel (1882):

NS (1887) &, Pahang (1888)

National Land Code Peninsular Malaysia (1965)

Sabah Land Ordinance Sabah

Sarawak Land Code 1958 Sarawak

THE TORRENS SYSTEM

7


8/14

Objectives

The Curtain Principles

Gibbs v. Messer [1981] AC 248 (PC)

The object (of the Torrens System) is to savepersonsdealingwith theregisteredproprietors from the troubleandexpense

ofgoingbehindtheregisterin orderto investigate the history

of theirauthors titleandto satisfy themselves ofitsvalidity.

Lord Watson


THE TORRENS SYSTEM

8


9/14

Objectives

Registration

Jamil Hassan v. Kang Min [1992] 2 MLJ46

Thebasic object of the Torrenssystem, it wouldappear, is to facilitateproof of ownershipby certifying titlein

a writteninstrument.

Haidar J.


THE TORRENS SYSTEM

9


10/14

Characteristics


THE TORRENS SYSTEM

Registration

Indefeasibility of

Title


11/14

Registration

Under the Federal Constitution, land is a state matter.

Land within the boundary of a state belongs to thestate.

As owner of the land, the states set up the necessaryadministrative infrastructure to maintain, regulate andadminister land matters.

One of the important functions of the administration is

to maintain the registration of all aspects of landownership and transactions.

The state maintain the records of all land in the state.


THE TORRENS SYSTEM

11


12/14

Registration

For that purpose, all lands are properly numbered into lots.

Whenever a land is alienated, the land office issues a title

(seesection 77 of theNLC 1965).

The title records the important information about the landand conditions of ownership.

Similarly, all transactions carried out in relation to the land

must be executed by registration.

The NLC provides the conditions, procedures and

instruments for the purpose of the registration


THE TORRENS SYSTEM

12


13/14

Characteristics


THE TORRENS SYSTEM

Registration

Indefeasibility of

Title


14/14

Introduction

xx


THE TORRENS SYSTEM

Documents

Legal Studies Module 3