LAW 6504 Study Guide - Final Guide: Moral Turpitude, Loke Yew, In Personam
Document Summary
Torrens system was first used in 1858, in sa. A very small minority of land was granted between 1836 and 1858 (prior to torrens) and legislation has converted the majority of this to torrens system. Land is held as an allotment in volumes and folios. The allotments are detailed by a map, distances and features (such as angles). The torrens system notes the registered proprietor subject to the noted encumbrances . In bursill v berger, the certificate of title said b"s land was subject to an easement in favour of a, per document x . This was followed in mercantile credit v shell. In this case, it was subject to a right to renew" the lease . It records the original certificate of title , and the owner is given a duplicate certificate of title. Section 69a of the rpa -> if rp has obtained title by fraud, title is voidable .
