TITLE TO PETROLEUM TENEMENTS

Abstract

Commercial people often draw an analogy between the Torrens system and the system of registration of petroleum tenements to reach the conclusion that title to petroleum tenements is indefeasible or secure. The analogy is a false analogy.

This paper examines some of the fundamental principles relevant to title to petroleum tenements to demonstrate why titles are not as secure as is sometimes supposed. The paper also highlights some of the key points resources lawyers need to remember when they consider title.

In its conclusion, the paper outlines the reasons why Torrens system legislation is inappropriate for petroleum tenements. It also suggests some simple reforms the State Governments might introduce to improve security of title.