Canadian Torrens System

Author : James Edward Hogg
Publisher : Forgotten Books
ISBN 13 : 9781331917861
Total Pages : 803 pages
Book Rating : 4.9/5 (178 download)

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Download or read book Registration of Title to Land Throughout the Empire written by James Edward Hogg and published by Forgotten Books. This book was released on 2015-07-21 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Registration of Title to Land Throughout the Empire: A Treaties on the Law Relating to Warranty of Title to Land by Registration and Transactions With Registered Land in Australia, New Zealand, Canada, England, Ireland, West Indies, Malaya, &C.; A Sequel to "the Australian Torrens System;" This book treats registration of title throughout the Empire as my "Australian Torrens System" treated registration of title in Australasia - that it, it is an attempt to deal with the subject as a whole and point out likenesses and differences in the various separate systems. Since the "Australian Torrens System" was published (in 1905), registration of title has made fair progress, though intensively rather than in extent of area. The only areas to which it has been newly extended since then seem to be the protectorates of East Africa and Uganda. The greatest intensive growth has taken place in Canada - particularly Manitoba, Saskatchewan and Alberta. There the "Torrens System" is embodied in a mass of statute and case law that promises to equal in bulk the mass of Australasian registration law. Both statute and case law are still growing - rapidly in Canada and more slowly in Australasia. In Australasia there has been little really new legislation since 1905, though the registration statutes have been consolidated afresh in Victoria and New Zealand, and consolidations have also been enacted in Fiji and Papua. Some important cases have, however, been decided in the Australian Courts, such as Fink v. Robertson (4 C. L. R. 864), Barry v. Heider (19 C. L. R. 197), and West v. Read (13 S. R. (N.S.W.) 575.) As to other parts of the Empire, in the Federated Malay States the statutes have been consolidated and important cases decided in the local courts and on appeal to the Privy Council. Mr. Thom's "Canadian Torrens System" (published in 1912) has enabled the system, as established in Manitoba, Saskatchewan, Alberta, and North-West Territories, to be compared with the Australian system on which it is modelled. Since 1912 the registration statutes in Manitoba and Saskatchewan have been consolidated afresh, and so too in Ontario. Judging by the references to the "Australian Torrens System" in Canadian reported cases my book of 1905 seems to have been found quite as useful in Canada as in Australasia. Including the eleven Australasian jurisdictions there are not more than thirty-one separate legislative units of the Empire in which a system of registration of title (as defined and treated of in this book) is in operation. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.