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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

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The Torrens System and Equitable Principles


ISBN13: 9789675040542
Published: October 2010
Publisher: Sweet & Maxwell Malaysia
Country of Publication: Malaysia
Format: Hardback
Price: £148.00



Low stock.

From the time Sir Robert Torrens first introduced the system of land titles by registration in South Australia via the Real Property Act 1886, the system of land law now known as the Torrens system has been adopted in many other jurisdictions around the common law world.

This is a natural development since the central features of the Torrens system, such as the conclusiveness of its register and certainty of titles and interests in land, have obvious advantages over the complicated system of unregistered land law.

However, the practical implementation of the Torrens system in the jurisdictions where it has been introduced over the years has not worked out as originally intended – quite a number of the inconvenient and disadvantageous features of the old, unregistered system of land conveyancing have found their way into various Torrens jurisdictions through the courts’ application of common law and equitable principles to land matters.

This book explores the possibility of eradicating the uncertainties, inconveniences and disadvantages of the old, unregistered system of land conveyancing; it commends a faithful and unadulterated application of Torrens principles and at the same time advocates that the application of common law and equitable principles in relation to land matters be done away with.

Practitioners, academics and anyone interested in the practical implementation of the Torrens system will benefit from this book’s in-depth analysis of pertinent Torrens issues:-
  • what are the different types of interests in land?
  • can contractual rights be protected?
  • does a purchaser need to look behind the register to discover ‘hidden’ rights and interests?
  • what is the role of caveats within the Torrens system?
  • how do civil law legislation in various jurisdictions affect the reception of common law and equitable principles to land matters?
The author presents a well-thought-through scheme of Torrens land law to guide readers to an easy understanding of its core principles and features. Significant judicial decisions and major Torrens legislation from various jurisdictions are dissected and explained.