Torrens property is an interesting animal in the realm of real property. If an item is raised on the Certificate of Title it is deemed to affect title; if it doesn’t appear on the Certificate it is deemed not to affect title. In this article, we’re going to discuss the benefits and drawbacks of Torrens property when it comes to writing title.
Torrens Property Benefits
A significant benefit of the Torrens system is that you cannot adversely possess Torrens land. Once it is registered as Torrens land, if someone is using some portion of that land hostile to the interests of the owner, the owner is protected from any claim of ownership by the adverse (or hostile) party.
Let’s say we’ve got a 40 acre parcel of Torrens land and the neighbor happens to be farming the eastern 20 acres of that land. If it was not Torrens property, then the neighbor who is farming adverse to the owner’s interest has an argument where they could bring a title action in court to obtain title to that property.
You can’t do that with Torrens land. That land cannot be adversely possessed by someone who is not listed on the Torrens certificate. So it’s a great protection against those adverse interests that can often arise along boundaries.