State Guarantee of Title - An Unguided Path?
In New Zealand, the Land Transfer Act 1952 provides compensation not only for deprivation of an estate or interest in land, but also for loss or damage caused by mistakes on the part of the Registrar or his or her officers. This expansion of Torrens' original intention is currently the subject of judicial debate. The first part of this paper examines two recent New Zealand judgments which grapple with the undefined parameters of loss other than "land loss". In the second part, questions are raised as to the lack of litigation in cases where an innocent party has suffered some form of land deprivation.