Queensland Consolidated Acts

LAND TITLE ACT 1994

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Object of Act
   4.      Definitions—the dictionary
   4A.     References
   5.      Act binds all persons

           Part 2--Administration

           Division 1--General

   6.      Registrar of titles
   7.      Land registry
   8.      Form of registers
   9.      Delegation
   9A.     Land title practice manual

           Division 2--General requirements for instruments in the freehold land register

   10.     Form of instruments
   11.     Execution of certain instruments
   11A.    Original mortgagee to confirm identity of mortgagor
   11B.    Mortgage transferee to confirm identity of mortgagor
   12.     Consent to be written on instrument etc.
   13.     Required number of executed copies to be lodged
   14.     Offence not to use appropriate form

           Division 3--Powers of the registrar

   15.     Registrar may correct registers
   16.     Lot-on-plan description
   17.     Registrar may prepare and register caveat
   18.     Registrar may require public notice to be given of certain proposed action
   18A.    Pre-examination of plans

           Division 4--Inquiries

   19.     Registrar may decide to hold inquiry
   20.     Registrar's duties on inquiry
   21.     Registrar may decide procedures
   22.     Registrar's powers on inquiry
   23.     Notice to witness
   24.     Offences by witnesses

           Division 5--Registrar may refer matter to the Supreme Court

   25.     Referral to Supreme Court from inquiry
   26.     Other referrals by the registrar to the Supreme Court

           Part 3--Freehold land register

           Division 1--General

   27.     Registrar must keep register
   28.     Particulars the registrar must record
   29.     Particulars the registrar may record
   30.     Registrar must register instruments
   31.     Instruments form part of the freehold land register
   32.     Registrar's procedures on lodgment and registration of instrument
   33.     Separate part of the freehold land register for powers of attorney
   34.     Other information not part of the freehold land register
   35.     Entitlement to search register
   36.     Evidentiary effect of certified copies of documents

           Division 2--Indefeasible title

   37.     Creation of indefeasible title
   38.     Meaning of indefeasible title
   39.     Single indefeasible title for 2 or more lots
   40.     Separation of single indefeasible title for 2 or more lots
   41.     Transfer of land forming part of indefeasible title

           Division 2A--Indefeasible title for common property

   41A.    Creation of indefeasible title for common property
   41B.    Meaning of indefeasible title for common property
   41BA.   Ownership of common property
   41C.    Application of provisions of Act to common property

           Division 3--Certificates of title

   42.     Issuing of certificates of title
   43.     Certification to be included in certificate of title
   44.     Note about issue of certificate of title etc.
   45.     Cancellation of certificate of title on deposit
   46.     Evidentiary effect of certificate of title

           Part 4--Registration of land

           Division 1--Alienation of State land

   47.     Alienated State land to be registered

           Division 2--Land held by State

   48.     Land held by the State

           Division 2A--Format of plans of survey

   48A.    Available formats for plans
   48B.    Standard format plan
   48C.    Building format plan
   48D.    Volumetric format plan

           Division 2B--Explanatory format plans

   48E.    Explanatory format plan

           Division 3--Plans of subdivision

   49.     Meaning of plan of subdivision
   49A.    Plan of subdivision may be registered
   49B.    Standard format plan of subdivision
   49C.    Building format plan of subdivision
   49D.    Volumetric format plan of subdivision
   49DA.   Creation of common property
   49E.    Division of lot on standard format plan of subdivision
   50.     Requirements for registration of plan of subdivision
   51.     Dedication of public use land in plan
   51A.    Access for public use land
   52.     Particulars to be recorded on registration of plan
   53.     Lodged plan that is withdrawn and re-lodged
   54.     Division excluding road or watercourse

           Division 4--Building management statements

   54A.    Building management statement may be registered
   54AA.   Single area for lots to which building management statement applies
   54B.    Circumstances under which building management statement may be registered
   54C.    Content of building management statement
   54D.    Registration of building management statement
   54E.    Amending a building management statement
   54F.    Building management statement if lots owned by 1 registered owner
   54G.    One person becoming registered owner of all lots
   54H.    Extinguishing a building management statement
   54I.    Lots constituted by community titles schemes
   54J.    Building management statement affecting freehold and non-freehold land

           Part 5--Joint holders in a lot

   55.     Registering life interests and remainders
   56.     Registering co-owners
   57.     Separate indefeasible titles for tenants in common
   58.     Time share schemes
   59.     Severing joint tenancy

           Part 6--Dealings directly affecting lots

           Division 1--Transfers

   60.     Registering a transfer
   61.     Requirements of instrument of transfer
   62.     Effect of registration of transfer
   63.     Transfer of mortgaged lot

           Division 2--Leases

   64.     Registering a lease
   65.     Requirements of instrument of lease
   66.     Validity of lease or amendment of lease against mortgagee
   67.     Amending a lease
   68.     Re-entry by lessor
   69.     Surrendering a lease
   70.     Disclaimer in bankruptcy
   71.     Validity of unregistered lease

           Division 3--Mortgages

   72.     Mortgaging lot etc. by registration
   73.     Requirements of instrument of mortgage
   74.     Effect of registration of a mortgage
   75.     Equitable mortgage
   76.     Amending a mortgage
   77.     Amending priority of mortgages
   78.     Powers of mortgagee
   79.     Effect of transfer after sale by mortgagee
   80.     Liability of mortgagee in possession of leased lot
   81.     Releasing a mortgage

           Division 4--Easements

   81A.    Definitions for div 4
   82.     Creation of easement by registration
   83.     Registration of easement
   83A.    Registration of plan showing proposed easement
   84.     Limitation of easements
   85.     Instrument affecting freehold and non-freehold land
   85A.    Particulars to be registered
   85B.    Rights and liabilities created on registration of instrument
   86.     Easement benefiting and burdening same registered owner's lots
   87.     Same person becoming registered owner of benefited and burdened lots
   88.     Owner of benefited land acquiring interest in burdened land
   89.     Easements for public utility providers
   90.     Surrendering an easement
   91.     Amending an easement
   92.     Application of Property Law Act 1974, s 181

           Division 4A--Covenants

   97A.    Covenant by registration
   97AA.   Compliance with s 97A
   97B.    Requirements of instrument of covenant
   97C.    Amending an instrument of covenant
   97D.    Releasing a covenant
   97DA.   Application of Property Law Act 1974, s 181

           Division 4B--Profits a prendre

   97E.    Profit a prendre by registration
   97EA.   Profit a prendre affecting a lot and non-freehold land
   97F.    Requirements of instrument of profit a prendre
   97G.    Particulars to be registered
   97H.    Profit a prendre benefiting and burdening same registered owner's lots
   97I.    Same person becoming registered owner of benefited and burdened lots
   97J.    Owner of benefited land acquiring interest in burdened land
   97K.    Amending an instrument of profit a prendre
   97L.    Releasing or removing a profit a prendre
   97M.    Effect of surrender of lot on profit a prendre

           Division 5--Application by adverse possessor

   98.     Application may not be made about particular matters
   99.     Application for registration
   100.    Withdrawal of application
   101.    Right to make application not affected by death etc.
   102.    Refusal of application
   103.    Notice of application
   104.    Objecting by caveat
   105.    Lapsing of caveat
   106.    Further caveat
   107.    Refusing or compromising application
   108.    Registering adverse possessor as owner
   108A.   Requirements for part of a lot
   108B.   Consequences of registration

           Division 6--Trusts, deceased estates and bankruptcy

   109.    How trusts may be registered
   110.    Instrument of transfer to trustee
   110A.   Instrument to vest in trustee
   111.    Registering personal representative
   112.    Registering beneficiary
   113.    Form of application
   114.    Applying for Supreme Court order
   115.    Transmission on bankruptcy

           Part 6A--Community titles schemes

           Division 1--Preliminary

   115A.   Basic concept for pt 6A—community titles scheme
   115B.   Meaning of community titles scheme
   115C.   Meaning of layered arrangement of community titles schemes
   115D.   Provisions about lots that are community titles schemes

           Division 2--Names of community titles schemes

   115E.   Names of community titles schemes
   115F.   Reservation of name
   115G.   Period of reservation

           Division 3--Scheme land

   115H.   Single area for scheme land
   115I.   Enlarging the number of lots through progressive subdivision

           Division 4--Community management statements

   115J.   Lodging request to record a new statement
   115K.   Recording community management statements
   115L.   When registrar records community management statement

           Division 5--Statutory easements

   115M.   Application of div 5
   115N.   Easements for support
   115O.   Easements in favour of lots for utility services and utility infrastructure
   115P.   Easements for utility services and utility infrastructure
   115Q.   Easements for shelter
   115R.   Easements for projections
   115S.   Easement for maintenance of building close to boundary

           Division 6--Changes to community titles schemes under reinstatement process

   115T.   Registration for changes to scheme under approved reinstatement process

           Division 7--Terminating community titles schemes

   115U.   Instruments required for terminating scheme
   115V.   Recording termination of scheme

           Division 8--Amalgamating community titles schemes

   115W.   Request to record amalgamation of schemes
   115X.   Recording amalgamation of schemes

           Division 9--Creating a layered arrangement of community titles schemes from basic schemes

   115Y.   Request to record creation of layered arrangement
   115Z.   Recording creation of layered arrangement

           Part 7--Other dealings

           Division 1--Writs of execution

   116.    Registering a writ of execution
   117.    Effect of registering a writ of execution
   118.    Cancellation of registration
   119.    Discharging or satisfying writ of execution
   120.    Transfer of lots sold in execution
   120A.   Effect on writ of execution of transfer after sale by mortgagee

           Division 2--Caveats

   121.    Requirements of caveats
   122.    Lodging a caveat
   123.    Notifying caveat
   124.    Effect of lodging caveat
   125.    Withdrawing a caveat
   126.    Lapsing of caveat
   127.    Removing a caveat
   128.    Cancelling a caveat
   129.    Further caveat
   130.    Compensation for improper caveat
   131.    Notices to the caveator

           Division 3--Powers of attorney and disabilities

   132.    Instrument not registered until power of attorney registered
   133.    Registering power of attorney
   134.    Effect of registering a power of attorney
   135.    Revoking or disclaiming a power of attorney
   136.    Act for a minor
   137.    Act for other person lacking capacity

           Part 7A--Settlement notice

   138.    Definitions for part
   139.    Requirements of settlement notice
   140.    Depositing settlement notice
   141.    Effect of settlement notice
   142.    Withdrawing settlement notice
   143.    Lapsing of settlement notice
   144.    Removing settlement notice
   145.    Cancelling settlement notice
   146.    Further settlement notice
   147.    Compensation for improper settlement notice
   148.    Notices to the transferee
   149.    Registrar may withdraw instrument
   150.    Priority of instruments
   151.    Effect of transferee's notice on caveat
   152.    Minor correction of settlement notice

           Part 8--Instruments

           Division 1--General

   153.    When instrument capable of registration
   154.    Lodging certificate of title
   155.    Correcting unregistered instruments
   156.    Requisitions
   156A.   Electronic communication of statutory declaration or affidavit
   157.    Rejecting instrument for failure to comply with requisition
   158.    Borrowing lodged instrument before registration
   159.    Withdrawing lodged instrument before registration
   160.    Registrar may call in instrument for correction or cancellation
   161.    Execution and proof
   162.    Obligations of witness for individual
   163.    Substitute instrument
   164.    Dispensing with production of instrument
   165.    Requiring plan of survey to be lodged
   166.    Destroying instrument in certain circumstances
   167.    Transferor must do everything necessary etc.

           Division 2--Standard terms documents forming part of instruments

   168.    Meaning of standard terms document in div 2
   168A.   References to registered standard terms document
   169.    Standard terms document to which instrument refers may be registered
   170.    Standard terms document that is part of an instrument
   171.    Instrument not limited to that contained in standard terms document
   172.    Withdrawal or cancellation of standard terms document

           Part 9--Registration of instruments and its effect

           Division 1--Registration of instruments

   173.    How an instrument is registered
   174.    When an instrument is registered
   175.    Time from when instrument forms part of register etc.
   176.    Registered instrument operates as a deed
   177.    Order of registration of instruments
   178.    Priority of registered instruments
   179.    Evidentiary effect of recording particulars in the freehold land register

           Division 2--Consequences of registration
           Subdivision A General

   180.    Benefits of registration
   181.    Interest in a lot not transferred or created until registration
   182.    Effect of registration on interest
   183.    Right to have interest registered
           Subdivision B Indefeasibility
   184.    Quality of registered interests
   185.    Exceptions to s 184
   186.    Action to correct wrong inclusion of a lot
   187.    Orders by Supreme Court about fraud and competing interests
           Subdivision C Compensation
   188.    Compensation for deprivation of lot or interest in lot
   188A.   Compensation for loss or damage
   188AA.  Compensation for which claim may not be made
   188B.   Order by Supreme Court about deprivation, loss or damage
   188C.   Time limit for claim
   188D.   No right of subrogation for insurers
   189.    Matters for which there is no entitlement to compensation
   189A.   Limit on amounts recoverable by mortgagee
   190.    State's right of subrogation

           Part 10--Liens

   191.    Vendor does not have equitable lien

           Part 10A--Tidal boundary plans of subdivision

   191A.   Definitions for pt 10A
   191B.   Application of pt 10A
   191C.   Prohibition on registration of relevant tidal boundary plan of subdivision
   191D.   Approval of Minister in circumstances of accretion or erosion
   191E.   Approval of Minister in other limited circumstances
   191F.   No compensation for operation of this part

           Part 11--Miscellaneous

   192.    Words and expressions used in instruments under Act
   193.    Protection from liability
   194.    Chief executive may approve forms
   195.    Reference to instrument is reference to instrument completed in appropriate form
   196.    References in instruments to a person with an interest in a lot includes personal representatives etc.
   197.    Service
   198.    Delivery
   198A.   Supply of statistical data
   199.    Regulation-making power

           Part 12--Savings and transitional provisions

           Division 1--Savings and transitional provisions for Act No. 11 of 1994

   200.    Things made under repealed Acts
   201.    Interests and certificates of title under repealed Acts
   203.    Effect of repeal by this Act
   204.    Registration of instrument lodged before commencement of this Act
   205.    Reference to registrar-general etc.
   206.    References to office of registrar of titles
   207.    Reference to Act repealed by this Act

           Division 2--Transitional provision for Act No. 57 of 1995

   208.    References to registrar of dealings

           Division 3--Transitional provision for Guardianship and Administration Act 2000

   209.    Authorisation under repealed s 136 continues for 1 year

           Division 4--Transitional provision for the Legal Profession Act 2004

   210.    Continuation of particular exclusion of entitlement under s 189
           SCHEDULE 1 WITNESSES TO INSTRUMENTS
           SCHEDULE 2 DICTIONARY
           Endnotes