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Property Rights And The Rights

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1.0 Introduction
Property rights and the right to own a property is a basic human right. Article 17.1 of the Universal Declaration of Human Rights states that ‘Everyone has the right to own property alone as well as in association with others” and that ‘No one shall be arbitrarily deprived of his property’. The need for property rights due to the complexity of property is highly important and because of this the Torrens system was created.
1.1 Aim of Report
The aim of the report is to satisfy the requirements outlined by the assignment brief, to gain a thorough understanding of the need for property rights and the Torrens Title System. Whilst critically assessing the strengths and weaknesses of the system and the effect of the Torrens
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The evidence of ownership is the issue of a ‘Certificate of Title’ containing the name of the owners of the property. The certificate of title which can be found when conducting a title search provides proof of ownership, property information and any rights to the land. For example, mortgages, easements, encumbrances (if any) would be on the certificate of title.
2.1 History of Torrens Title System
Before the creation of the Torrens Title System, purchasing and selling land was overly complicated and the ownership would have to be proven through providing a collection of deeds clearly stating the history of ownership and both the buyer and seller would have to check ownership. The Torrens Title System was introduced on January 27, 1858. Alongside many contributors, Sir Robert Richard a politician in South Australia at the time, helped create and establish the system as a result of necessity. The necessity sprung as result of the need for land reform in South Australia as the then title system was deemed well below a satisfactory standard.
2.2 Wide Spread Adoption
Since its introduction and adoption in Australia, it has led to influencing many Nations around the world and has been introduced in New Zealand, Canada, Africa and some states in the USA. The basic principles of the system have also been utilised in other systems around the world, England, Israel, Philippines, Malaysia and Thailand
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