Understanding Different Land Tenure Systems in Australia

Running head: PROPERTY LAW
Property Law
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Old System Title:
The old system title of the land tenure system was established in Victoria in March, 1838.
It was the first land tenure system that was introduced. The purpose of the old system was based
on the principles and rules of the English Common Law where the land was obtained through
settlement. As observed from the Transfer of Land Act, 97% of the land was brought under this
mentioned act. The remaining 3% was still in effect of the Victorian land. However, the old
system was treated to be expensive and time-consuming for keeping it in operation. On the other
hand, the dealings of the property were generally carried out by the deeds (Watkins, 2015).
However, the state does not register the titles under the deeds and therefore it does not certify the
title. As observed, a deed is recorded by the State and can only be used in times of counter
claims to land ownership. Under the old system title or old law, the memorial should be filed out
at the Registrar’s General office. If the chain of title deeds does not exist then, a transfer of land
cannot be undertaken. Hence, this is the reason why the process of old title is expensive. When
there is a downfall of old law, registration of a memorial is not required consisted in the
documentation of the transaction. The State however, produces no such guarantee of the parcel
of land. Thus, the term ‘root of title’ refers to the fact that with the old law titles, the probability
of an error title generally increases over time. Whereas on the other hand, the Torrens Title is
usually referred to as freehold, this is used in all the exiting states. This kind was established in
1858, is registered by the State government, and is guaranteed. In Australia, the maximum
number of properties falls under the system of Torrens Title since it covers all the residential and
commercial titles. There can be no mortgage on the property if the property belongs to the title

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owner who has been named as such on the title deed. This property includes other services as
well including oil and coal.
Strata Title
This particular title is also known as the group Title that can vary slightly between the
states what it should give and hint that there are some conditions on the ownership of the land.
The strata title while owning plots can be applied to both commercial and residential properties
by either grouping it under one roof or standing singly (Anderson, 2017). Among the differences,
the common factor between them is that they are all probably sited on the one title deed parcel of
land and hence they can share of you similar facilities such as Gardens and roads. Common walls
entrance hall and they can share community facilities. There are differences as well since the
owner of a property on the inside of the union but usually not the outside that is termed to be the
common property. However, it can be said that an external organ over a Windows need
permission before it can be erected. These body corporate needs to work by a connection with
the developer. They are usually conducted by an unfair cause in holding over the provisions of
services that are provided to the entire property and even after restricting the future is an
agreement.
Company Title
When it comes to the company title the ownership was originated almost a century ago but they
are still applied in present in a few areas. It can be stated that the company will remain the owner
of a complete Complex and buy right of obtaining and holding the accurate number of shares
where one can attain the rights to a particular apartment (Benson, 2016). This can be
differentiated from the start a title and the old tenure system as it does not give the opportunity of

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holding shares where the rights can be attained to any kind of a particular apartment. This kind of
title amongst the general public and subsequent selling of a property will need the sale of the
shares that are considered to be difficult.
Leasehold
Every method or title of owning a property is can be differentiated as all of them are
unique in their own way. The way of holding property can be utilized over the government
properties in the rural areas are referred to as the leasehold title (Sherry, 2016). In this method, it
was observed that there could be an initial cost including the annual rental, although the terms
and conditions can differ. Regarding this property, the role of the state governments is to decide
and subdivide the release the properties if the area is developing for residential development.
Advantages and disadvantages of each
 The benefit of Torrens property is that one cannot adversely possess Torrens land. Once
the land is registered as Torrens land and an individual is using that same plot of land
hostile to the interests of the owner then the owner will be kept protected from any kind
of claim of the ownership by the hostile party (Easthope & Randolph, 2018). The
disadvantage of Torrens land is regarding the mortgage where maintaining the record is
necessary.
 The advantage of strata title is the lifestyle advantage of outsourcing the bulk of the
maintenance of the property. The demerit of this property is that the fees that are
subjected for the change are likely to amplify the age of the building.
 The merit of the company title states that the company title apartments are usually not
considered expensive as compared to the strata apartments (Easthope, 2015). The