The In Personam Exception to Torrens Indefeasibility

Abstract

The adoption by the Privy Council and the High Court of "immediate indefeasibility" respecting the Torrens system also involved the qualification respecting in personam claims against the registered proprietor. This has given rise to extensive litigation which settles many questions but leaves others outstanding. This article addresses first that course of decisions in Australia and New Zealand and secondly the doctrinal basis upon which equity interacts in this way with the statutory regime of title by registration. Show more