Torrens System Principles PDF

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Generally, Torrens system is a system of land registration where from the certificate alone is evidence of good title. The property is transferred by way of registration of title. However, the Torrens system works on three principles which are mirror principle, curtain principle and insurance principle. 1.

Mirror Principle

Under this principle, the land registration is a reflection of the material facts of the proprietor’s title in the land. This is because it denotes the necessary and accurate information related to the land by having good title. Since the good title is a reflection of the land, it also reflects on both the Register Document of Title and Issue Document of Title. By virtue of this good title, they will obtain all the relevant particulars of the land as well as any encumbrances created over the land.

2.

Curtain Principle

This principle simply means that one should not look behind or beyond the register, as the certificate of title contains all information about the title. This means that ownership need not be proved by long complicated documents that the owner has. All the necessary information regarding ownership is stated on the certificate of title. Simply put, in curtain principle, the certificate of title serves as the main proof of ownership. It is sufficient for the purchaser to examine the certificate of title to obtain any information needed.

3.

The Insurance Principle

Insurance principle is basically an assurance fund, provided as a compensation for those who are defeated of their interest or deprived of their land despite having no fault on their part. In other words, anyone who suffers loss must be put in the same position, so far as money can do it, as if the reflection were a true one. This principle is an alternative way if the mirror principle fails to give an absolutely correct reflection of the title and a flaw appears on the part of the Registrar. In this principle, the money from registration fees paid on the lodgement of instruments of dealings from registration will be put into the fund. However, in Malaysia, this principle is not applicable due to its defeasibility....