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.

[img] Accepted Version (PDF 223kB)
Administrators only | Request a copy from author

View at publisher

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.

Impact and interest:

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

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 02:20
Last Modified: 08 Jun 2012 04:12

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page