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The Story behind Conveyancing in Australia

August 28, 2012

How It Started?As with many other things in Australia, the conveyancing system didn’t spring up on a whim. Rather, it developed over many years as different demands needed to be met.

Back in approximately 1290 AD, the English legal system began using documents to make a chain of proof regarding the ownership of land and property. This was done to reduce confusion and fighting over land, and is referred to as the “Old System Title.” It was brought over and was relied upon during the earliest days of colonization in Australia, and was therefore considered the standard, or norm, by which property transactions were conducted. In fact, it continued to be the preferred method until the mid-nineteenth century.

In 1857, Sir Robert Torrens introduced the Real Property Act in South Australia; this standard would later take hold all around the country – and throughout many countries in the world like England and parts of the United States and Canada. Under this system, registered land owners were issued a certificate of title; the Torrens system of title registration remains the conveyancing method of choice in Australia – although a few pieces of property continue to be held under the “Old System”.

During modern times, conveyancers have played very important roles in the conveyancing process in Australia. Because most of the framework for the modern conveyancing system was conceived so many years ago, there remain many confusing terms and practices associated with the process. Professional conveyancing solicitors assist their clients by sorting through the technical terms on their behalf, maneuvering the system for them and making sure that everything goes as smoothly as possible.

There’s no question that conveyancing in Australia has changed a lot from its earliest incarnation during the colonization period. The Torrens system and the Real Property Act of 1857 made the largest impact in conveyancing history, and their repercussions are still felt today. Modern conveyancing solicitors are necessary to navigate the complex system and its many associated processes, and allow laypeople to avoid having to sort through all of the legalese.

Charter Conveyancing believe that if you’ve undertaken property transactions in Australia in the past – whether they be Gold Coast conveyancing, Brisbane conveyancing or transactions elsewhere – you may have found yourself wondering how the system ever came about in the first place. To be sure, the history of conveyancing in Australia is surprisingly rich and multifaceted; whether you’re a student of history or just enjoy a good story, it’s sure to mesmerize you.

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