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Aligning sustainability and the Torrens register : challenges and recommendations for reform

Christensen, Sharon A. & Duncan, William D. (2012) Aligning sustainability and the Torrens register : challenges and recommendations for reform. Australian Property Law Journal, 20(2), pp. 112-144.

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Abstract

‘Sustainability’ is a policy mantra of modern governments particularly in relation to natural resources. The traditional connection between land ownership and access to natural resources, such as forestry, flora, fauna, minerals, water and energy, has given rise to an unprecedented number of restrictions and obligations on land owners in their use of the land and resources. The growing numbers of statutory exceptions and restrictions on rights of ownership and use of a fee simple holder presents serious challenges for the utility of the Torrens register, which was originally designed to record private interests in land or affecting title to land. Advocates proposing uniform Torrens legislation should give consideration to an alignment of government policies emphasising sustainability as a core requirement of effective land use and management, and the core Torrens concepts of indefeasibility and security of title. This article examines the challenges for a uniform Torrens system created by increases statutory regulation of land ownership and makes recommendations about how an effective alignment of sustainability objectives and Torrens principles may be achieved.

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ID Code: 49803
Item Type: Journal Article
Keywords: Torrens, indefeasible title, sustainability, land ownership, natural resources
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 2012 LexisNexis
Deposited On: 08 May 2012 10:32
Last Modified: 11 May 2012 11:56

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