LAND TITLE ACT

Northern Territory Consolidated Acts

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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
54C. Reservation of scheme name and body corporate name
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 Law of Property Act

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 Law of Property Act

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 cannot be registered
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 Real Property Act
215. Interests and certificates as to title under Real Property Act
216. Encumbrances
217. Registration of instrument lodged before commencement of Act
218. Certain provisions of Real Property Act to continue to operate

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
SCHEDULE 2
ENDNOTES

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