28
Jul 10

Difference between Ownership by Deeds and Torrens System

The system of ownership of immovable properties by Deeds differs in many respect to the Torrens system. This article will give you a brief description of the differences between ownership by deed and ownership in the Torrens system.

Legal Title
In the Deed system, the legal title on the estate passes upon the act of parties. In the Torrens system, the legal title passes upon the act of the State i.e. when the relevant authorities make an endorsement indicated the transfer of legal title.

Title
In the Deed system, the title to the land is manifested through the chain of deeds. In the Torrens system, the Issue Document of Title (also commonly known as the Land Grant) provides the record of the ownership.

Convenience
In the Deed system, a potential buyer for the piece of land would have to sieve through various sale and purchase agreements and deeds to satisfy himself that the vendor is the current owner. In the Torrens system, a search at the registry would indicate the ownership.

Adverse Possession
The doctrine of adverse possession is recognised in the Deed system. Not so in the Torrens system.

Security
As security for lending and similar transactions, the owner mortgages and conveys the land to the mortgageee. In the Torrens system, the title continues to be vested in the owner. The register merely shows that the title has been pledged (charged) to the chargee.


25
Jul 10

Using Free Leasing Agreements

For many property owners, leasing property is one of their sources of income. In fact, some have ventured into property investments by purchasing properties with the sole aim of churning a constant flow of income by leasing out such properties.

Just like any other business, it is important that such property owners ensure that they protect their interests by entering into a good and solid leasing agreement with their tenants. Drafting a leasing agreement is not as simple a task as writing a letter. Various terms and conditions have to be drawn up to protect the interests of both parties. A trip to the solicitors’ office may be necessary.

Nowadays, there are ready-made lease agreements or lease forms which are available for free for everyone’s use. There are thousands of lease forms available online but make sure that you insert all the specific details and amend them where necessary. Some wonder where can one find such ready-made leasing agreements or leasing forms. Just search the net.

When in doubt, there is nothing better than to seek your solicitor’s advice.