Land Titles- The definitions

Title systems vary from State to State in Australia.

The most common ones are:

·        Torrens Title

Title to land is guaranteed and it is not necessary to go back further than the title of the existing owner to establish its validity. There is one Deed/Certificate of Title on which is recorded the present owners’ name and notification of any mortgage, restrictions, easement or covenants.

·       Strata Title

Permits the horizontal sub-division of land into separate titles, for separate "strata” lots or units.

Each lot or unit represents a separate apartment, townhouse or unit.

·       Qualified & Limited Real Property Act Title

A title, subject to those things shown on the chain of title, preceding the first issue of the Certificate of Title. The qualified aspect of this form of Torrens Title may automatically cease after 12 years from first registration of a dealing, for valuable consideration, or earlier if there has been a change of title between strangers for value, after 6 years of registration.


·       Common Law/Old System Title

A system of land title where a purchaser receives title that is only as good as that which the vendor has to sell. Old system transactions, require examination of a series of deeds and documents relating all dealings in the land back to what is recognized in law as "good root of title”. The use of these titles is rapidly declining.

·       Community Title

A community title is evidence of ownership of a lot in a community plan.The lot boundaries must be defined by reference to parts of the building, similar to a strata title.

·       Crown Title

In Australia, public lands are considered to belong to the Crown.

This includes land for nature conservation and various other governmental purposes.

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Marlene Liontis
Tuesday, 10 March 2020

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