LAND TITLES ACT 1925
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 4 Meaning of registrable form
- 5 Application to married women's property
PART 2--ADMINISTRATION
- 7 Registrar-general's seal of office etc
PART 3--GENERAL POWERS OF REGISTRAR-GENERAL
PART 4--FUTURE GRANTS OF FREEHOLD AND OF CERTAIN CROWN LEASEHOLDS
- 17 Crown grants and certain Crown leases under Act
PART 5--APPLICATIONS TO BRING LAND UNDER ACT AND PROCEEDINGS ON APPLICATIONS
Division 5.1--Requirements of applications
- 18 Land brought under Act
- 19 Judge may order production of deeds for purpose of application
- 20 Applicant to surrender documents of title and to furnish abstract if
Division 5.2--Procedure on applications
- 21 Applications to be considered by registrar-general
- 22 When applicant is not original grantee or any transactions
- 23 When evidence of title imperfect
- 24 Notice of application to be published
- 25 Registrar-general bringing land under Act
- 26 On a return of notices or failure of personal service, registrar-general may
- 27 Applicant may withdraw application
- 28 Land occupied may be brought under Act by different description from that in title on
- 29 Applications to bring land under Act may be granted for land occupied under, but not
Division 5.3--Caveats against original applications
- 30 Parties interested may enter caveat
- 31 If caveat be received within time limited proceedings stayed
- 32 Caveats lapse unless proceedings taken within 3 months
- 33 Special case
- 34 Where caveator fails to prosecute proceedings
PART 6--BRINGING LAND UNDER THE ACT--MISCELLANEOUS
PART 7--LAND REGISTERED UNDER REAL PROPERTY ACT 1900 (NSW)
- 38 Bringing under this Act of land to which State Act applies
- 39 Transfer of records
- 40 Recognition of transferred records
- 41 Duplicate grant etc handed over to be deemed original grant
- 42 Land referred to in pt 7 to be subject to certain reservations
PART 8--REGISTER BOOK AND REGISTRATION
- 43 Registrar-general to keep register
- 44 Form of certificate of title
- 45 One certificate may be issued for lands not contiguous
- 46 Registering fee simple estate for which leasehold interest registered
- 47 When instruments etc taken to be registered
- 47A Registration of transfers of mortgages, subleases etc
- 47B Registration of memoranda of provisions
- 47C Registration of instruments effecting dutiable transaction
- 48 Instruments—registration and priority
- 48A Refusal to accept instruments for lodgment
- 48B Lodgment of instruments—registrable form
- 48BA Lodgment of instruments by legal practitioners—certification
- 48BB Lodgment of instruments by mortgagee
- 48BC Lodgment of instruments by self-represented parties—verification of identity and
- 48BD Signature and witnessing requirements—legal practitioners and mortgagee
- 48BE Verification of identity rules
- 48BF Verification of authority rules
- 48BG Compliance audits—lodgments by legal practitioners and mortgagee
- 48BH Non-compliance—registrar-general may require additional documents
- 48BI Power to refer to appropriate authority
- 48C Correction of errors prior to registration
- 51 Instruments not to be registered
- 52 Issue of new certificate of title after change in register
- 53 Evidence as to title
- 54 Joint tenants and tenants in common
- 55 Survivor of joint tenants
- 56 Remainderperson or reversioner may be registered as such
- 58 Estate of registered proprietor paramount
- 59 Purchaser from registered proprietor not to be affected by notice
- 60 Protection as to notice of transferee before registration
- 64 Registrar-general may require map to be deposited
- 65 Certified copies of register
- 66 Searches
- 67 Issue of uncertified copies
- 68 Registrar-general may register as proprietor person entitled to land by operation of statute or by
- 69 Statute of limitations not to run against land under Act
PART 8A--RECORD OF ADMINISTRATIVE INTERESTS
- 69A Meaning of administrative interest—Act
- 69B Meaning of authorised entity—pt 8A
- 69C Record of administrative interests
- 69D Protection from liability—administrative interests
PART 9--CROWN LEASES
- 70 Registration of Crown leases
- 71 Dealings with Crown leases
- 72A Registration of variations
- 72AB Registration etc of orders under Planning Act 2023
- 72B Dealing with land before grant or registration of Crown lease
- 72C Memorial of compliance with building and development provision in
- 72D Memorial of application of certain provisions etc under Planning Act
PART 10--DEALINGS
Division 10.1--Transfers
- 73 Memorandum of transfer
- 77 Transferee—interests and obligations
- 78 Transfer of mortgage or lease—right to sue
- 79 Proprietor may vest estate jointly in self and others without limiting any use or without
- 80 Endorsement when land becomes Crown land
- 81 Short words for creation of right of way
Division 10.2--Leases
- 82 Form of lease
- 83 Right of purchase or covenant to purchase may be inserted
- 84 Mortgagee etc not bound by lease unless consent given
- 85 Certain unregistered leases valid, but not rights of purchase or renewal under
- 86 Surrender of lease
- 87 Registration of re-entry by lessor
- 87A Entry of expiration of lease in register
- 87B Resumption and withdrawal of land from lease
- 87C Extension or variation of lease
- 88 Lessee may sublet
- 88A Application of land sublease provisions
- 88B Land subleases—registration
- 88C Land subleases—mortgages
- 88D Land subleases—transfers
- 88E Land subleases—no further subleases
- 88F Land subleases—surrender
- 88G Withdrawal of land under land sublease
- 88H Surrender etc of land sublease—payment for improvements
- 88I ACAT review of value of improvements on land under land sublease
- 88J Recovery of land under land sublease if sublessee in unlawful
- 89 Provisions as to leases to apply to subleases
- 90 Determination of lease to determine sublease
- 91 Covenants to be implied in subleases
Division 10.2A--Surrender of lease
- 91A Surrender of lease not to affect sublease
- 91B Surrender of lease not to affect mortgage
- 91C New lease—continuation of interests noted on surrendered
Division 10.3--Mortgages and encumbrances
- 92 Land—how mortgaged or encumbered
- 92A Mortgage or encumbrance—postponement of priority
- 93 Mortgage or encumbrance—effect
- 94 Power to sell
- 95 Sale by mortgagee—vesting
- 95A Sale by court order—application by mortgagor etc
- 96 Default, entry and possession—action for recovery
- 97 Order for foreclosure on default
- 98 Application—how made effective
- 99 Mortgagee to receive rent
- 100 Mortgagee of leasehold entering into possession liable to lessor
- 100A Right of Territory if determination revoked and amount secured not
- 101 Discharge of mortgages and encumbrances
- 101A Variation of mortgages
- 102 Entry of satisfaction of annuity
- 103 Facilitation of redemption in case of absent or unknown mortgagees
Division 10.3A--Memoranda of provisions
- 103A Registration of memoranda of provisions
Division 10.3B--Easements and other incorporeal rights
- 103B Easements—registration
- 103C Easements in gross—registration, transfer and extinguishment
- 103D Easements—same owner of benefited and burdened land
- 103DA Easements—subdivision of dominant tenement
- 103E Extinguishment of easement
- 103F Easements—variation
- 103G Incorporeal rights—registration
- 103H Incorporeal rights—extinguishment
Division 10.4--Caveats against dealings
- 104 Lodging of caveat
- 104A Entering caveat in register
- 104B Withdrawal of caveats
- 105 Notice of caveat
- 105A Surrender and regrant of lease of land affected by caveat
- 106 Caveat lapsing
- 107 Removal of caveat
- 107A Effect on dealings
- 107B Removal of caveat by registrar-general
- 107C Successive caveats
- 108 Compensation for lodging caveat without reasonable cause
Division 10.5--Determinations under Rates and Land Rent (Relief) Act 1970
- 108A Certain documents under Rates and Land Rent (Relief) Act 1970 to be instruments
- 108B Effect of registration of determination
- 108C Registration of memorandum of discharge
PART 11--IMPLIED COVENANTS AND SHORT FORMS OF COVENANTS
- 109 Effect of covenant
- 110 Covenants by person with self and another or others
- 111 Implied covenants to be joint and several
- 112 Implied covenants may be modified or negatived
- 113 Benefit of implied covenants
- 114 Construction of implied covenants and provisions
- 115 Implied covenants with mortgagees
- 116 General covenants to be implied in instruments
- 117 Transferring of land subject to mortgage, encumbrance or charge to indemnify
- 118 Covenant implied in mortgage
- 119 Covenants of lessees
- 120 Powers in lessor
- 121 Abbreviated forms of words for covenants in leases
- 122 Abbreviated form in mortgage
- 123 Pt 11 not to apply to Crown leases
- 123A Pt 11 not to apply to residential tenancy agreements
- 123B Pt 11 does not apply to leases under Leases (Commercial and Retail)
PART 11A--BUILDING MANAGEMENT STATEMENTS
- 123C Definitions—pt 11A
- 123D Building management statement may be registered
- 123E Effect of building management statement
- 123F Formal requirements for building management statement
- 123G Building management committee—procedure
- 123I Territory planning authority approval of building management
PART 12--TRUSTS
- 124 No notice of trusts to be entered in register
- 125 Grants may be registered although trusts declared
- 128 Registrar-general to carry out order of court vesting trust estate
PART 13--POWERS OF ATTORNEY
- 130 Powers of attorney
PART 14--TRANSMISSIONS
- 132 Transmission by bankruptcy or insolvency
- 133 Mortgagee of leasehold interest of bankrupt may be entered as transferee of
- 135 Transmission on death of proprietor
- 136 Trusts—protection
- 138A Appointment of new or additional trustees
- 138B Registration of declaration by executor
PART 15--FEES AND FORMS
PART 16--CIVIL RIGHTS AND REMEDIES
- 143 Damages in certain cases
- 144 Damages and costs to be paid by Territory
- 145 Moneys paid by Territory may be recovered against estate of deceased or bankrupt
- 146 Where person liable is out of jurisdiction
- 147 Territory only liable in certain cases
- 148 Proprietor may summon registrar-general to show cause if dissatisfied
- 149 Special case when applicant dissatisfied with objection of
- 150 Registrar-general may state case for court
- 151 Costs of proceedings
- 152 Registered proprietor protected against ejectment except in certain
- 153 In case of ejectment of defendant who has made improvements their value may be
- 154 Compensation for party deprived of land
- 155 When actions may lie against registrar-general as nominal
- 156 Notice of action
- 158 Registrar-general not to be liable for acts done bona fide
- 159 Purchasers and mortgagees protected
PART 17--CORRECTIONS AND ALTERATIONS
PART 19--MISCELLANEOUS
- 165 Offence for certain fraudulent acts
- 166 Conviction not to affect civil remedy
- 167 Prosecutions and recovery of penalties
- 168A Document bearing imprint of seal of registrar-general
- 170 Sales by order of court etc
- 170A Surrender and regrant of lease of land affected by writ
- 171 Conditions of sale of land under Act
- 173 Attesting of instruments
- 178 Service of notices
- 178A Registrar-general may collect information
- 178B Registrar-general must give information about certain transactions and instruments to revenue
- 178C Expiry of provisions
- 179 Regulation-making power
PART 20--TRANSITIONAL
- 180 Savings of titles with words ‘no survivorship' endorsed