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Property LawTorrens TitleEASY

Under the Real Property Act, what is required to transfer registered land from one party to another?

Correct Answer

C) Registration of a proper instrument of transfer by the Registrar.

Under the Real Property Act, legal title to registered land only passes when a proper instrument of transfer is registered with the Registrar of Titles. Until registration occurs, the purchaser only has an equitable interest despite having a valid contract and paying the purchase price.

Answer Options
A
A verbal agreement, together with payment of the full purchase price.
B
A written contract and physical delivery of the old title deeds.
C
Registration of a proper instrument of transfer by the Registrar.
D
A statutory declaration of the sale signed before two adult witnesses.

Why This Is the Correct Answer

Legal title to Torrens land passes only when a transfer in the approved form is lodged and registered by the Registrar. Before that, a purchaser who has signed a contract and paid holds an equitable interest only.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

Torrens titleregistrationRegistrar of TitlesReal Property Actindefeasible title
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