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rcxdude 18 hours ago

In the Torrens system, if you do not register the transfer of property with the government, then the transfer hasn't happened. So whatever else happens in the rest of the world doesn't matter (at least, unless the land itself is annexed by another government).

(And, from similar cases in the UK which has this system, if the land registry fucks up the transfer is still final and this has been upheld by the court, the government may just be liable for damages)

pdonis 17 hours ago | parent [-]

> In the Torrens system, if you do not register the transfer of property with the government, then the transfer hasn't happened.

This is also true of county clerks in the US: any transfer of property in the county has to be recorded on a deed that is submitted to the county clerk and kept on file by them. Otherwise it hasn't happened.

> if the land registry fucks up the transfer is still final

This is the part that might not be the same in all US jurisdictions (though it appears it is the same in some, someone posted upthread about Iowa having a system like this).

skissane 7 hours ago | parent [-]

> This is the part that might not be the same in all US jurisdictions (though it appears it is the same in some, someone posted upthread about Iowa having a system like this).

As I pointed out in a reply to that comment, that's a popular misconception – legally, Iowa uses essentially the same land title system as every other US state; the main difference is instead of private title insurance, there is a state government monopoly on title insurance. But Iowans use the phrase "title insurance" to mean "private title insurance", making many of them wrongly think their state doesn't have title insurance at all.

Several US states previously enacted Torrens title, but largely unsuccessfully – few titles were ever converted to Torrens, and in almost all of them Torrens title is either repealed or effectively moribund.

The only place under US jurisdiction where Torrens title is fully mainstream, is Guam. Guam adopted it in the early 20th century, around the same time as the US territories of Hawaii and the Philippines did. It survived in the Philippines, but the Philippines became an independent country. In Hawaii, it was successful in a few parts of the state (in particular Lānaʻi), but otherwise largely not.