LAND TITLE ACT 2000 - SECT 189 Exceptions to section 188

LAND TITLE ACT 2000 - SECT 189

    (1)     A registered proprietor of a lot does not obtain the benefit of section 188 for the following interests in relation to the lot:

        (a)     an equity arising from the act of the registered proprietor;

        (b)     the interest of a lessee in actual possession under a short lease;

        (c)     the interest of a person entitled to the benefit of an easement if its particulars have been omitted from or misdescribed in the land register;

        (d)     the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot;

        (e)     the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner;

        (f)     the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest.

    (1A)     A registered proprietor of a lot (the relevant mortgagee ) who is recorded in the land register as a mortgagee of the lot or an interest in the lot does not obtain the benefit of section 188 for the relevant mortgagee's interest as mortgagee if:

        (a)     the relevant mortgagee:

            (i)     in relation to the instrument of mortgage or amendment of mortgage – failed to comply with section 78A(2); or

            (ii)     in relation to a transfer of the instrument of mortgage – failed to comply with section 81A(2); and

        (b)     the person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered.

    (1B)     For subsection (1A)(b), a person was the mortgagor under an instrument of mortgage or amendment of mortgage if:

        (a)     the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (NT) ; or

        (b)     the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (NT) :

        (a)     was required as a supporting document for the instrument of mortgage or amendment of mortgage; and

        (b)     was required to be kept by the original mortgagee mentioned in section 78A(2).

    (2)     The interest of the lessee under subsection (1)(b) does not include:

        (a)     a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or

        (b)     a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term.

    (3)     For the purposes of subsection (1)(c), an easement is taken to have been omitted if:

        (a)     the easement was in existence when the lot burdened by it was first registered but particulars are no longer recorded in the land register against the lot burdened; or

        (b)     the easement was registered but later omitted by an error of the Registrar-General.