What happens if a registered proprietor under Torrens title loses their certificate of title?
Correct Answer
C) Ownership is unaffected, since title rests on the register, not the certificate.
Under the Torrens system, title comes from the register, not from any paper certificate. Losing a certificate does not affect ownership. Several states have abolished paper certificates altogether (NSW from October 2021 and Queensland from October 2019); where paper certificates still exist, a replacement can be issued on application, usually with a statutory declaration about the loss.
Why This Is the Correct Answer
Ownership of Torrens land depends on registration, so it is unaffected by the loss of a paper certificate of title. The register is the record of title; a certificate was only evidence of it.
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