T

Tenancy in Common

One of the two main ways in which two or more persons may hold land in co-ownership (the other being a joint tenancy). Each tenant is entitled to a distinct but undivided share in the land. Note that, although having a distinct share in the land, this does not entitle the proprietor of the share to the exclusive ownership of any identifiable portion of it. There is no right of survivorship under a tenancy in common, and on the death of a tenant in common his or her share will pass according to his or her will or, in the absence of a will, according to the laws of intestacy.

Title

A right to the possession of property which may be enforced by legal action. See certificate of title.

Title Reference

• Certificate of title (CT) - a certificate issued pursuant to the RPA, which certifies that the person named therein as the registered proprietor has title to the land described in the certificate. It can exist in a manual (Imperial or Metric) or computerised format. The original title is retained by the Lands Titles Office.
• Community title (CT) - a certificate of title for a community lot, community strata lot, development lot or common property in a community plan.
• Crown lease (CL) - a lease of Crown land authorised by statute (e.g. the Crown Lands Act 1929). Crown leases are dealt with in a similar way to certificates of title.
• Crown record (CR) -a computerised record of un-alienated crown land. It must not be confused with a certificate of title (to which it bears some superficial visual resemblance).
• Limited title (LT) - a certificate of title issued as part of the conversion process from the old system, where either survey data or proof of ownership is insufficient to issue a regular certificate of title.

Torrens Title System

The system employed in all Australian jurisdictions under which title to land is conferred by the official registration of a dealing in that land. The fundamental principles of the system are:

• that it is the act of the Registrar-General in registering a dealing which passes the legal title to land or creates legal interests therein
• that registration confers indefeasibility of title
• that it is not necessary for a person intending to deal with the land to investigate the history of a registered proprietor's title and
• that the title is guaranteed by the government, such that should a person be deprived of an interest in land, he or she will be paid monetary compensation.

The system is named after its creator, Robert Torrens, who introduced it in South Australia in 1858.

Town Plans

See plan type.

Transfer

A dealing lodged in the LTO that contains authorisation for the transfer of an interest in a property. Some of these dealings are associated with survey plans.

Transferor

The person transferring any land, mortgage or lease.

Transferee

The person to whom any land, lease or mortgage is transferred.

Transmission

The passing of title to land (or an interest therein such as a mortgage or lease) in any manner other than by transfer. For example, on the death of a sole registered proprietor, his or her estate or interest in the land is transmitted to his or her executor or administrator.