Common Law Title

What is a common law title?

Common law title refers to proving ownership of a property by tracing a series of transactions from the original owner to the current one, as documented in an Abstract of Title. It's a way of demonstrating ownership based on historical dealings and legal practices rather than relying on a single written document. 

What is the difference between a common law title and a Torrens title? 

The main difference between a common law title and a Torrens title lies in how ownership is established and recorded. Common law title relies on proving a historical chain of transactions from the original owner to the present one, often documented in an Abstract of Title. 

On the other hand, a Torrens title is a more modern and simplified system where ownership is registered with a government authority, providing a single, conclusive document as proof of ownership. It’s based on a centralised Register that contains all the necessary information about land ownership within a state or jurisdiction. This system aims to simplify and streamline the process of proving ownership by providing a single, authoritative source for land title information.

What is an Abstract of Title? 

An abstract of title is a condensed historical summary or a chronological timeline of the ownership and transfers of a particular piece of real estate. It's a crucial document in real estate transactions that outlines the property's history and verifies the legitimacy of its ownership. The Abstract of Title is one component of the broader framework used in Common Law Title systems.