Torrens Title

Understanding Torrens Title in Victoria

As explained by David Dawn, Licensed Conveyancer at Victorian Property Settlements, most property in Victoria is held under what’s called a Torrens Title.

This system underpins how ownership of land is recorded and transferred in our state, providing a high level of certainty and simplicity compared to the old days of searching through chains of paper deeds.

What is Torrens Title?

The Torrens system was introduced to Victoria in 1862 under the Transfer of Land Act 1958 (Vic), building on principles first developed in South Australia by Sir Robert Torrens.

It means ownership of land is recorded centrally on a government-managed register. The person listed on the title is conclusive — their ownership is guaranteed by the state, subject only to what’s recorded on the register (like mortgages or easements).

Where do you normally find Torrens Title?

It’s overwhelmingly the most common title type in Victoria.

If you’re buying:

• a standalone house on its own block,

• farmland,

• commercial land parcels,

• or even many vacant lots,

it will almost certainly be Torrens Title.

Idiosyncrasies of Torrens Title

While it’s straightforward, there are a few quirks:

• Easements and covenants: These are usually recorded on the Torrens Title. They run with the land and bind future owners, even if buried in old instruments.

• Encroachments: Just because the title boundary is guaranteed doesn’t mean the fence always lines up. Survey issues still need to be sorted separately.

• Guarantee limited to the register: Anything not on title (like planning overlays or contamination) isn’t covered.

How does Torrens differ from other types of title?

• Unlike Strata Title, it doesn’t involve shared common property or an owners corporation.

• Unlike Company Title, you own the land itself, not just shares giving occupation rights.

• Unlike Leasehold, it’s freehold — you’re not paying ground rent to someone else.

• And unlike Limited Title, it’s fully guaranteed with clear ownership boundaries.

Benefits of Torrens Title

✅ Certainty of ownership — you’re the registered proprietor, with state guarantee.

✅ Ease of dealing — buying, selling or mortgaging is direct.

✅ Freedom of use — subject to planning laws, you control the land without owners corporations or landlords.

Drawbacks or risks to watch

🚩 Still subject to existing restrictions — easements, covenants and planning overlays can limit what you do.

🚩 Not immune from issues off the register like contamination or illegal works.

🚩 Can still be subject to claims like adverse possession if boundary fences are wrong for long enough.

Why it’s still the gold standard

For most buyers and sellers in Victoria, Torrens Title is the simplest and most secure way to own property. It’s the system that gives Victorian land dealings their predictability and trust.

📞 Need help with your Torrens Title property?

We’ve been trusted for over 25 years to handle purchases and sales of Torrens Title land across Victoria. Whether you need us to check your title, prepare your contract, or lodge dealings, get in touch today.