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Is it time for a national review of the Torrens’ system? : the eccentric position of private restrictive covenants

Christensen, Sharon A. & Duncan, William D. (2005) Is it time for a national review of the Torrens’ system? : the eccentric position of private restrictive covenants. Australian Property Law Journal, 12(2), pp. 104-125.

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    Abstract

    The registration of private restrictive covenants as interests in land was never contemplated by Robert Torrens. Today, the creation of this interest and its notification or registration on the register occurs in a variety of different ways throughout Australia. This article examines the anomalous position of the private restrictive covenant nationally from being totally prohibited in Queensland to registered as a legal interest in the Northern Territory and, in doing so, concludes that this is one clear example why the time has arrived to harmonise Torrens statutes throughout Australia.

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    ID Code: 18793
    Item Type: Journal Article
    Keywords: Torrens, private restrictive covenants, registration, notification, benefit, burden
    ISSN: 1038-5959
    Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
    Divisions: Current > QUT Faculties and Divisions > Faculty of Law
    Current > Schools > School of Law
    Copyright Owner: Copyright 2005 LexisNexis Australia
    Deposited On: 16 Mar 2009 12:20
    Last Modified: 08 Jun 2012 14:12

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