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22 Deakin L. Rev. 1 (2017)

handle is hein.journals/deakin22 and id is 1 raw text is: FUTURE PROPERTY AND THE TORRENS SYSTEM GLEN ANDERSON Since at least the seventeenth century, courts of equity have upheld the assignment of future property for valuable consideration. Despite this long lineage, however, there has been almost no scholarly analysis of how these principles might interact with the Torrens system. The present article addresses this deficiency. Generally, it argues that there are no reasons why principles of future property cannot be fully subsumed within the Torrens system. I INTRODUCTION The present article investigates how assignments of future property1 might interact with the Torrens system. In doing so, it probes the intersection of two divergent forces: equity's pre-modem jurisdiction grounded in conscience and substance, and the relatively contemporary Torrens system, based on registration, administrative uniformity, and title certainty. The article argues that there are no reasons why principles of future property cannot be fully subsumed within the Torrens system. More specifically, it contends that well established features of the Torrens system, such as caveats and the in personam exception to indefeasibility, would be readily applicable to future land2 transactions and disputes. The article consists of four main sections. Section II enumerates the general principles applicable to the assignment of future property. Section III examines aspects of the assignment of future land common to all land title * BA (Hons) BA/LLB(Hons) PhD (Macq) Lecturer in Law, University of Newcastle, Australia. Meaning property which is yet to be acquired by the assignor, and which the assignor has no legal right to acquire at the time of the assignment. Future property is only assignable in equity for valuable consideration. The principles of future property, and their applicability to land, are discussed in further detail infra. 2 Meaning land which is assigned pursuant to principles of future property.

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