The system has been defined by its creator, Sir Robert Torrens, as follows:

"The person or persons in whom singly or collectively the fee simple is vested, either in law or in equity, may apply to have the land placed on the register of titles. The applications are submitted for examination to a barrister and to a conveyancer, who are styled 'examiners of titles.' These gentlemen report to the register: First: Whether the description of land is definite and clear. Second: Is the applicant in undisputed possession of the property? Third: Does he appear in equity and justice rightfully entitled thereto? Fourth: Does he produce such evidence of title as leads to the conclusion that no other person is in position to succeed against him in an action for ejectment ?"

The essentials of a Torrens system are embraced in the following summary: -

(a) Application of owner in possession for registration of his title to the land.

(b) Official examination of the title to determine the ownership and the liens and claims against it.

(c) Notice to all interested parties of the application for registration. This takes the form of an action at law.

(d) Judicial determination of the title sought to be registered. This involves a determination by the court of the parties to be named or described as defendants, proper service of Court's process, a trial and judicial taking of evidence, and a final order or decree.

(e) Registration of the title and issuance of a certificate.

This certificate must be conclusive - the registered title must be indefeasible, i.e., good against all the world.

(f) An assurance fund out of which losses may be paid. Losses arise through errors of law or fact made in the registration of a title. Indemnity should be provided for those wrongfully and permanently deprived of the land or any interest in it through the indefeasibility of the registered title.

(g) Permanency of registration - there should be no privilege of withdrawal - the land once in the system must remain there forever. This is a feature of the system which has often been criticized, but which advocates of the system claim is essential.

(h) A simple, speedy and cheap procedure. Too much time and money cannot be spent on the initial registration. Subsequent transfers of the certificate should be readily effected at a small cost.