Sir Robert Richard Torrens, (31 May 1812 – 31 August 1884), also known as Robert Richard Chute Torrens, was an Irish-born parliamentarian, writer, and land reformer. After a move to London in 1836, he became prominent in the early years of the Colony of South Australia, emigrating after being appointed to a civil service position there in 1840. He was Colonial Treasurer and Registrar-General from 1852 to 1857 and then the third Premier of South Australia for a single month in September 1857.
Torrens is chiefly remembered as the originator of the Torrens title, a new system of land registration that subsequently spread to the other Australian colonies and is used in Australia and in many other countries throughout the world today. He secured its implementation in South Australia in 1858, and subsequently advocated for its adoption in other jurisdictions. Returning to England in 1865, he served in the British House of Commons from 1868 to 1874.
He was son of the political economist Robert Torrens, who was chairman of the London-based South Australian Colonisation Commission involved in setting up and encouraging emigration to the new colony.
Torrens was born in Cork, Ireland, on 31 May 1812. He was the only surviving son of Robert Torrens and his first wife Charity Herbert née Chute. His father had this marriage nullified and in 1819 married again, to Esther Serle, an English heiress, and had his three children rebaptised to give them a form of legitimacy, Robert Richard's birth year being reset to 1814.
Torrens was educated at Trinity College, Dublin, where he graduated BA 1835. His father had been appointed chairman of the London-based South Australian Colonization Commission, created in 1834 to oversee the new colony of South Australia, and the son moved to London in 1836 to work with his father and learn about customs collection by working as a landing waiter. Together they raised customs duties to finance the new colony, and promoted Irish investment and emigration.
In 1839, he married Barbara Anson, daughter of Alexander Park, widow of Augustus George Anson and a niece of explorer Mungo Park. In that same year he was awarded an MA "by grace".
In 1840, the couple left for South Australia, arriving on the Brightman in December 1840. In February 1841, Torrens was Collector of Customs at Adelaide, probably arranged by his father. He continued working as a customs official until 1852, obtaining a good working knowledge of the buying and selling of ships and shares in ships.
He gained a reputation for unorthodoxy in his official dealings; he squabbled with shipowners and was censured for various irregularities and for not supporting some of Governor George Grey's policies, but these did not prevent him from assuming other official roles, nor did his unorthodoxy stop when he was in higher office.
Torrens was given the title of Executive Councillor in 1855–57. He became Colonial Treasurer (a post he held until 1862) and Registrar-General of Deeds, one of the best paid offices in Australia, in 1852.
When South Australia became self-governing colony in 1856 with the ratification of a new constitution by the British parliament via the Constitution Act 1856, Torrens became Treasurer of South Australia in the ministry of Finniss from 24 October 1856 to 21 August 1857, during which time he published drafts of his land reform bill.
He served in the voluntary colonial artillery for 11 years, retiring as Lieutenant-Colonel in 1865. Benjamin Solomon, began his military career in "A" Battery of Adelaide Field Artillery under Colonel Torrens.
Torrens initially opposed the system of voting by secret ballot, which was first adopted by South Australia in 1856–1857; however, after seeing the results, he stated the system was, "the best and most rapid and facile mode of carrying on elections".
Torrens was elected as one of the members of the House of Assembly for the City of Adelaide in the new parliament in 1857, and on 1 September 1857 became Premier, although his government lasted only a month.
For years before his election, he had vigorously promoted the need for land titles reform, with the current system of transfer of land by deed ineffective, slow, expensive and insecure. It relied on verbose and complicated documents that had to be retained at least a century in order to validate new transactions and lawyers were needed to effect the transactions. The second reading of a bill introduced as a private member's bill was carried despite strong opposition, passing through both Houses on 27 January 1858.
The Real Property Act 1858, with the long title "An Act to simplify the Laws relating to the transfer and encumbrance of freehold and other interests in Land", was assented to on 27 January 1858.
The Act, eagerly anticipated by many, came into effect on 2 July 1858 and was on the whole well-received, apart from some lawyers who would have noted that the ease and clarity of the process would mean less in earnings for them in the future. Torrens resigned his seat in parliament and was appointed Registrar-General in order to assist with the Act's application, and in this role he did much to bring about a successful practical transition to the new system.
The Act radically altered the method of recording and registering land under freehold title. Instead, government certificates were issued and a central register established. The system transferred property by registration of title, instead of by deeds. This system provided an indisputable record, thus almost eliminating litigation involving land disputes, got rid of difficulties created by lost certificates, and reduced the cost of land sales and transfers. The legislation was refined in the following few years, which included an amendment allowing the licensing of registered land brokers instead of lawyers in land transactions, thus further reducing the cost.
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