Real Property Act 1858 from Robert Richard Torrens, helped by Ulrich Hubbe, a major South Australian move

Robert Richard Torrens (left) introduced is Real Property bill to the South Australia parliament in 1858 with its intent refined by knowing about simpler simpler laws relating to ownership transfer. He was assisted by Ulrich Hübbe (right), a doctor of law from Kiel University, who explained the land title system operating in parts of Germany for 600 years.
Images by Townsend Duryea and John Hood, courtesy State Library of South Australia

One of the most momentous acts of any South Australian Parliament was the Real Property Act in 1858.

It was introduced by Robert Richard Torrens, whose father Colonel Robert Torrens, had been chairman of the South Australian colonisation commissioners. Torrens became collector of customs in Adelaide in 1840, then colonial treasurer and registrar general in 1852. Like crown lands commissioner Charles Bonney, he became the first minister for his department in 1856.

Although treasurer when he introduced his Real Property bill, Torrens got it through parliament as a private member. The Act came into force in July 1858 and Torrens resigned from parliament to get it working as full-time registrar general. Many amendments passed later in 1858, and whole new Acts in 1860 and 1861, polished, but didn’t significantly change the thrust of the original.

Torrens had campaigned for election on a promise to reform the laws relating to conveyancing of land. Under the old system, a person's title to land depended on a complete chain of documents recording each owner back to the original land grant from the crown. Each time property was sold the buyer's lawyer would have to examine the whole chain to see that it was sound and a carefully worded deed of sale would have to be drawn up to add to the chain. A flaw in a document, or a fraudulent document accepted as genuine, could enable someone else to challenge the owner's title and it was not unknown for a person to be ousted from his property after buying it in good faith.

The inspiration for the new system came from the knowledge Torrens had gained of simpler laws relating to ownership of ships. He was helped by friends, notably Ulrich Hübbe, a doctor of law from Kiel University, who explained the land title system that had been operating in parts of Germany for 600 years. Hübbe had a hand in drafting the bill.

Under the Torrens system, the government issued a certificate of title for each parcel of land and guaranteed its validity. The original certificate was held by the registrar general and a duplicate was given to the owner. Subsequent dealings, such as mortgages or sales, were recorded in standard form on the certificate. If a parcel of land was divided and sold in separate lots, a new certificate is issued for each lot. Previous dealings were not recorded on the new certificate. A single document proved title to land. All land sold by the crown after  July 1, 1858, was subject to the Act and people with titles under the old system could convert them to the new if they wanted to.

Bitter opposition from the legal profession was sidestepped by introducing in 1860 a class of business people called land brokers, who, after passing a suitable examination, were licensed to practice under the Real Property Act in competition with lawyers. This idea was probably suggested by Hübbe. By 1874, the Torrens system had been adopted by all Australian colonies and New Zealand. The legal fraternity in those other place seemingly accepted it more readily, as the system of licensing land brokers was unique to South Australia.

Torrens retired to England, was knighted in 1872 and died in 1884.