Designing An Automated Torrens System — Baseline Criteria, Risks and Possible Outcomes

Abstract

This article is a continuation of a discussion of automation of Torrens regimes, introduced by the authors in [2013] NZ L Rev 227. In this article, the authors explore design constraints affecting automation of Torrens systems against the background of the three criteria previously developed to assess automation proposals: proof of identity (or name); proof of ownership; and proof of authority to deal. They then propose four different measures that may assist in moving any system towards full automation.The article concludes with a summary of seven propositions offered as guidelines to system designers and closes with the following question: if the outcome of automation transfers risk from the registry to conveyancers can that system still properly be considered Torrens in its nature?