How Indefeasible is Your Strata Title? Unresolved Problems in Strata and Community Title

Abstract

Nothing sets my teeth on edge like a real estate sign screaming ‘Oversized Torrens Title Townhouses’. What else could they possibly be? Brand new townhouses on Old System titles? Not likely. So why do real estate agents use the term Torrens in their marketing? Because what they in fact mean by ‘Torrens Title’ is ‘not strata title’ and ‘not community title’. Of course, strata and community title are Torrens title, but what agents are trying to convey is that the townhouses do not have titles burdened by the restrictions, obligations, social and legal complications that come with ownership of strata or community title.