LAND TITLE ACT 1994 - SECT 185
Exceptions to s 184
LAND TITLE ACT 1994 - SECT 185
Exceptions to s 184
185 Exceptions to s 184
(1) A registered proprietor of a lot does not obtain the benefit of
section 184for 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 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 freehold land register;
(d) the interest of a person
who, on application, would be entitled to be registered as owner of the
lot because the person is an adverse possessor;
(e) the interest of another
registered proprietor making a valid claim under an earlier existing
indefeasible title for all or part of the lot;
(f) 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;
(g) 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 freehold land register as a
mortgagee of the lot or an interest in the lot does not obtain the benefit of
section 184for the relevant mortgagee’s interest as mortgagee if—
(i) in relation to the instrument of mortgage or
amendment of mortgage, failed to comply with section 11A(2) ; or
(ii) in
relation to a transfer of the instrument of mortgage, failed to comply with
section 11B(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 the person executed the instrument as mortgagor, including, if
the instrument is an electronic conveyancing document, through a subscriber
digitally signing the instrument under the Electronic Conveyancing National
Law (Queensland) .
(1C) Also, for subsection (1A) (b) , a person was the
mortgagor under an instrument of mortgage or amendment of mortgage if 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 (Queensland) —
(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 11A(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 subsection (1) (c) , the particulars of an easement (the
"easement particulars" ) are taken to have been omitted from the
freehold land register only if—
(c) the instrument providing for the easement was lodged for registration
but, because of an error of the registrar, has never been registered.
(4)
Subsection (3) applies whether or not the lot has at any time been transferred
or otherwise dealt with.
(5) If an issue arises in a proceeding as to whether
a person registered as a mortgagee does not obtain the benefit of section 184because of subsection (1A) , proof that the person complied with section 11A(2) or 11B(2) rests on the person.