With Torrens title land, you'd reckon that title is everything. It's a given (surely?) that you should be able to rely on a title search to see who owns the land, who has a mortgage over it and whether it is leased or subject to any easements.
Not so fast! The Torrens system is subject to what is known as ‘overriding statutes' which create public rights that trump private rights in land. This exception to the conclusive nature of the Torrens Register appears in every Australian jurisdiction.
There is nothing particularly controversial about this, many statutes override the Torrens Register. However, it does create uncertainty and can have significant impacts on the parties involved.
Take the recent case of Orb Holdings Pty Ltd v WCL (Qld) Albert St Pty Ltd 1. WCL wanted to use land it owned under the Torrens Register as part of a planned development. Orb Holdings owned land adjoining WCL's development site to which it gained access via the land owned by WCL. Orb Holdings
