Northern Territory Consolidated Acts

LAND TITLE ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Act binds Crown
           Part 2 Administration
           Division 1 Establishment of land register
   6.      Registrar-General must keep land register
           Division 2 General requirements for instruments in land register
   7.      Form of instruments
   8.      Acceptance of forms used in States, etc.
   9.      Execution of forms outside of Territory
   10.     Execution of certain instruments
   11.     Consent to be written on instrument etc.
   12.     Required number of executed copies to be lodged
   13.     Registrar-General may authorise printing and sale of forms
   14.     Lodgement etc. of documents
   15.     Address for service to be provided
           Division 3 Powers of Registrar-General
   16.     Registrar-General may demand fees
   17.     Registrar-General may correct land register
   18.     Registrar-General may prepare and lodge caveat
   19.     Registrar-General may require public notice to be given of certain proposed action
           Division 4 Inquiries
   20.     Registrar-General may decide to hold inquiry
   21.     Registrar-General's duties on inquiry
   22.     Registrar-General may decide procedures
   23.     Registrar-General's powers on inquiry
   24.     Notice to witness
   25.     Offences by witnesses
   26.     Powers of Registrar-General following inquiry
           Division 5 Referral of matter to Supreme Court
   27.     Referral to Supreme Court from inquiry
   28.     Other referrals by Registrar-General to Supreme Court
           Part 3 Land register
           Division 1 General
   29.     Record of non-current or historical dealings
   30.     Particulars Registrar-General must record
   31.     Particulars Registrar-General may record
   32.     Entitlement to search land register
   33.     Evidentiary effect of certified copies of documents
   34.     Caution notices
   35.     Notices of statutory restrictions
   36.     Removal of memorials
   37.     No liability on Minister, etc.
   38.     Record of administrative interests
           Division 2 Indefeasible title
   39.     Creation of indefeasible title
   40.     Meaning of indefeasible title
   41.     Single indefeasible title for 2 or more lots
   42.     Separation of single indefeasible title for 2 or more lots
   43.     Transfer of land forming part of indefeasible title
           Division 3 Certificates as to title
   44.     Issuing of certificates as to title
   45.     Note about issue of certificate as to title etc.
   46.     Cancellation of certificate as to title on deposit
   47.     Evidentiary effect of certificate as to title
           Part 4 Registration of lands
           Division 1 Alienation of Crown land
   48.     Alienated Crown land to be registered
   49.     Alteration of title affecting registered interests
           Division 2 Land held by Territory
   50.     Land held by Territory
           Division 3 Subdivision and consolidation
   51.     Plan of subdivision and plan of consolidation
   52.     Registration of plan
   53.     Particulars to be recorded on registration of plan
   54.     Exclusion of road, railway and watercourse
           Division 4 Unit title schemes
   54A.    Plan of subdivision and plan of consolidation
   54B.    Registration of scheme statement
   54D.    Registration of statement reflecting approved reinstatement process
   54E.    Registration of documents required for termination of scheme
   54F.    Registration and cancellation of disclosure statement
           Part 5 Joint holder in lot
   56.     Registering life interests
   57.     Registering co-owners
   58.     Separate indefeasible titles for tenants in common
   59.     Severing joint tenancy
           Part 6 Dealings directly affecting lots
           Division 1 Transfers
   60.     Registering transfer
   61.     Requirements of instrument of transfer
   62.     Effect of registration of transfer
   63.     Transfer of mortgaged lot
   64.     Transfer pursuant to statutory vesting or grant
           Division 2 Leases
   65.     Registering a lease
   66.     Requirements of instrument of lease
   67.     Validity of lease or amendment of lease against mortgagee
   68.     Renewing and extending a lease
   69.     Amending a lease
   70.     Re-entry by lessor
   71.     Surrendering a lease
   72.     Disclaimer in bankruptcy
   73.     Validity of unregistered lease
           Division 3 Mortgages
           Subdivision 1 General
   74.     Mortgaging lot etc. by registration
   75.     Requirements of instrument of mortgage
   76.     Effect of registering a mortgage
   77.     Equitable mortgage
   78.     Amending a mortgage
   79.     Amending priority of mortgages
   80.     Powers of mortgagee
   81.     Effect of transfer after sale by mortgagee
   82.     Liability of mortgagee in possession of leased lot
   83.     Discharge of mortgage
   84.     Discharge of annuity
   85.     Registering order for foreclosure
           Subdivision 2 Statutory charges
   86.     Registration of statutory charges
   87.     Deemed mortgage
   88.     Priority and effect of statutory charges
   89.     Statutory charges and power of sale
   90.     Removing statutory charge
           Division 4 Easements
           Subdivision 1 General
   91.     Creation of easement or easement in gross by registration
   92.     Requirements of instrument of easement or easement in gross
   93.     Consents
   94.     Limitation of easements or easements in gross
   95.     Easement benefiting and burdening same registered owner's lots
   96.     Same person becoming registered owner of benefited and burdened lots
   97.     Owner of benefited land acquiring interest in burdened land
   98.     Extinguishment of easement or easement in gross
   99.     Amending easement or easement in gross
   100.    Application of
           Subdivision 2 Creating easements or easements in gross by registering plans of subdivision or consolidation
   101.    Easement or easement in gross only created in accordance with this Subdivision
   102.    Creation of easement or easement in gross by plan of subdivision or consolidation
   103.    Instrument of easement or easement in gross to be lodged
   104.    Rights created on registration of plan and instrument
   105.    Instrument of easement or easement in gross may be lodged
           Division 5 Covenants
           Subdivision 1 General
   106.    Creation of covenants and covenants in gross
   107.    Requirements of instrument of covenant or covenant in gross
   108.    Consents
   109.    Covenants benefiting and burdening same registered owner's lots
   110.    Same person becoming registered owner of benefited and burdened lots
   111.    Owner of benefited land acquiring interest in burdened land
   112.    Extinguishment of covenants or covenants in gross
   113.    Amending covenant or covenant in gross
   114.    Application of
           Subdivision 2 Creating covenants by registering plans of subdivision or consolidation
   115.    Covenant only created in accordance with this Subdivision
   116.    Creation of covenant by plan of subdivision or consolidation
   117.    Rights created on registration of plan and instrument
           Division 6 Profits a prendre
   118.    Profit a prendre by registration
   119.    Requirements of instrument of profit a prendre
   120.    Profits a prendre benefiting and burdening same registered owner's lots
   121.    Same person becoming registered owner of benefited and burdened lots
   122.    Owner of benefited land acquiring interest in burdened land
   123.    Amending instrument of profit a prendre
   124.    Releasing or removing profit a prendre
           Division 7 Trusts, deceased estates and bankruptcy
   125.    How trusts may be registered
   126.    Instrument of transfer to trustee
   127.    Instrument to vest in trustee
   128.    Sale, mortgage etc. by trustee
   129.    Registering personal representative
   130.    Form of application
   131.    Transmission on bankruptcy
           Part 7 Other dealings
           Division 1 Writs of execution
   132.    Registering writ of execution
   133.    Effect of registering writ of execution
   134.    Cancellation of registration
   135.    Discharging or satisfying writ of execution
   136.    Transfer of lots sold in execution
           Division 2 Caveats
   137.    Requirements of caveats
   138.    Lodging a caveat
   139.    Notifying caveat
   140.    Effect of lodging caveat
   141.    Withdrawing caveat
   142.    Automatic lapsing of caveat
   143.    Removing caveat
   144.    Cancelling caveat
   145.    Further caveat
   146.    Compensation for improper caveat
   147.    Notices to caveator
           Division 3 Powers of attorney and disabilities
   148.    Registration of power of attorney
   150.    Persons under disability
   151.    Acts for minors and by attorneys etc.
           Part 8 Instruments
           Division 1 General
   152.    When instrument capable of registration
   153.    Lodging certificate as to title
   154.    Correcting unregistered instruments
   155.    Requisitions
   156.    Rejecting instrument for failure to comply with requisition
   157.    Withdrawing lodged instrument before registration
   158.    Registrar-General may call in instrument for correction or cancellation
   159.    Execution and proof
   160.    Obligations of witness for natural person
   161.    Substitute instrument
   162.    Dispensing with production of instrument
   163.    Requiring plan of survey to be lodged
   164.    Pre-examination of plans
   165.    Disposing of instrument in certain circumstances
   166.    Transferor must do everything necessary etc.
           Division 2 Standard terms documents forming parts of instruments
   167.    Meaning of standard terms document
   168.    Standard terms document to which instrument refers may be registered
   169.    Standard terms document that is part of instrument
   170.    Instrument not limited to that contained in standard terms document
   171.    Withdrawal or cancellation of standard terms document
   172.    Standard terms document to be provided to other parties
           Part 9 Registration of instruments and its effects
           Division 1 Registration of instruments
   173.    Registrar-General must register instruments
   174.    Registrar-General must give distinguishing reference to each instrument
   175.    How instrument is registered
   176.    Registration statement
   177.    When instrument is registered
   178.    Time from when instrument forms part of land register etc.
   179.    Registered instrument operates as deed
   180.    Order of registration of instruments
   181.    Priority of registered instruments
   182.    Evidentiary effect of recording particulars in land register
           Division 2 Consequences of registration
           Subdivision 1 General
   183.    Benefits of registration
   184.    Interest in lot not transferred or created until registration
   185.    Effect of registration on interest
   186.    Right to have interest registered
   187.    Provision for registration in case of death of party executing instrument
           Subdivision 2 Indefeasibility
   188.    Quality of registered interests
   189.    Exceptions to section 188
   190.    Action to correct wrong inclusion of lot
   191.    Orders by Supreme Court about fraud and competing interests
           Subdivision 3 Compensation for loss of title
   192.    Compensation for deprivation of lot or interest in lot
   193.    Compensation for loss or damage
   194.    Order by Supreme Court about deprivation, loss or damage
   195.    Matters for which there is no entitlement to compensation
   196.    Territory's right of subrogation
           Part 10 Liens
   197.    Vendor does not have equitable lien
           Part 11 Miscellaneous
   198.    No title by adverse possession
   199.    Lis pendens
   200.    Words and expressions used in instruments under Act
   201.    Protection from liability
   202.    Registrar-General may approve forms
   203.    Reference to instrument is reference to instrument completed in appropriate form
   204.    References in instruments to person with interest in lot includes personal representatives etc.
   205.    Registrar-General may provide particulars of dealings in land
   206.    Service
   207.    Delivery
   208.    Powers of Registrar-General arising from reciprocal arrangements
   209.    Reciprocal arrangements for lodgement of documents
   210.    Registrar-General's directions
   211.    Regulations
   212.    Repeal
           Part 12 Transitional matters for Land Title Act 2000
   213.    Definition
   214.    Things made under
   215.    Interests and certificates as to title under
   216.    Encumbrances
   217.    Registration of instrument lodged before commencement of Act
   218.    Certain provisions of
           Part 13 Transitional matters for Land Title and Related Legislation Amendment Act 2008
   219.    Application
           Part 14 Transitional matters for Unit Title Schemes Act 2009
   220.    Application
           Schedule 1 Witnesses to instruments
           Schedule 2
           ENDNOTES