Modernising the Torrens system in South Australia: Reform challenges and opportunities in the Real Property Act 1886 (SA)
Date
2025
Authors
Babie, P.
Burdon, P.D.
Ivanov, M.S.
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Journal article
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Australian Property Law Journal, 2025; 32(1):227-251
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P T Babie, Peter D Burdon, and Michail S Ivanov
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Abstract
This article examines potential reforms to South Australia’s Real Property Act 1886 (SA) based on extensive consultations with legal practitioners, academics, representative bodies, and government officials conducted in 2023–2024. While the Act continues to serve its core functions effectively, this article identifies critical areas requiring modernisation to ensure the legislation remains fit for purpose in the twenty-first century. We argue that reform is particularly needed in three key areas: first, the current practice of using the rent-charge as the vehicle to register and so protect restrictive covenants is problematic and artificial.We propose statutory reform similar to that found in the Northern Territory. Second, the legislative framework for electronic conveyancing requires strengthening, particularly regarding verification of identity requirements and vertical integration of Electronic Lodgment Network Operators; and third, the protection of equitable interests as exceptions to indefeasibility would be more effective if consolidated in one part of the Act. This article concludes that reform should proceed in a manner that modernises the legislation while maintaining the fundamental Torrens principles and philosophy of security of title, clarity of interests, and efficiency of transactions.
this article identifies critical areas requiring modernisation to ensure the legislation remains fit for purpose in the twenty-first century. We argue that reform is particularly needed in three key areas: first, the current practice of
using the rent-charge as the vehicle to register and so protect restrictive covenants is problematic and artificial. We propose statutory reform similar to that found in the Northern Territory. Second, the legislative framework for
electronic conveyancing requires strengthening, particularly regarding verification of identity requirements and vertical integration of Electronic Lodgment Network Operators; and third, the protection of equitable interests
as exceptions to indefeasibility would be more effective if consolidated in one part of the Act. This article concludes that reform should proceed in a manner that modernises the legislation while maintaining the fundamental Torrens
principles and philosophy of security of title, clarity of interests, and efficiency of transactions.
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