LAND TITLE ACT 2000 - SECT 188 Quality of registered interests

LAND TITLE ACT 2000 - SECT 188

    (1)     A registered proprietor of an interest in a lot holds the interest subject to registered interests affecting the lot but free from all other interests.

    (2)     In particular, the registered proprietor:

        (a)     is not affected by actual or constructive notice of an unregistered interest affecting the lot;

        (b)     is not affected by the existence in the Sovereign or their heirs or successors, or in any person, of any estate or interest whatever, whether derived by grant from the Crown or otherwise, that but for this Act might be held paramount or to have priority; and despite want of notice or insufficient notice of any application, or any error, omission, or informality in any application or proceedings; and

        (c)     is liable to a proceeding for possession of the lot or an interest in the lot only if the proceeding is brought by the registered proprietor of an interest affecting the lot.

    (3)     However, subsections (1) and (2) do not apply:

        (a)     to an interest mentioned in section 189; or

        (b)     if there has been fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest.

    (4)     Nothing in this section is to be construed as affecting any of the following rights or powers:

        (a)     the power of an officer of a court to sell the land of a judgment debtor under a writ of execution;

        (b)     the power of a court to order the sale of land;

        (c)     the right of an official receiver or trustee, within the meaning of the Bankruptcy Act 1966 of the Commonwealth, to land transmitted on the insolvency of the registered proprietor.

    (5)     An instrument is unregistered despite it being registered under another Act.

    (6)     Subsection (1) does not affect the operation and effect of section 34.