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LAND TITLES ACT 1980

- Act 19 of 1980 - Royal Assent 21 May 1980

Table of Provisions

Long Title

PART I - General

1 Short title

2 Commencement

3 Interpretation

3A Crown to be bound

PART II - Administration

4 Appointment of Recorder, &c.

5 Seal of office

6 Powers and immunities of Deputy Recorder, &c.

7 Documents purporting to be sealed or signed by Recorder or Deputy

8 Facsimile signature of Recorder or Deputy Recorder, &c.

PART III - Bringing land under this Act Division 1 - Crown grant

9 Unalienated land, when alienated in fee, to be subject to this Act

10 Transfers to be used instead of grant deeds

Division 2 - Application

11 Applications to bring land under this Act

12 How application dealt with

13 Notices

14 Caveat forbidding the bringing of land under this Act

15 Withdrawal of application to bring land under Act

Division 3 - Completing the Register

16 Appointed day

17 Land may be brought under this Act on registration of instruments

17A Land to be brought under this Act upon subdivision

18 Land may be brought under this Act upon subdivision

19 Land may be brought under this Act at the instance of the Recorder

20 Refusal to comply with notice under section 19; making false or

Division 4 - Qualified title

21 Qualified title

22 Subsisting estates and interests to be recorded on qualified title

23 Certain informal dealings may be registered

24 Qualified title may be cancelled or corrected in certain

25 Caution to lapse after 20 years

26 Application of this Act to land in qualified title

Division 5 - General provisions

27 Land not alienated from the Crown may be brought under this Act

27A Certain Crown land may be brought under this Act

28 How certain estates and interests dealt with when land brought under

28A Restraining orders not affected when land brought under Act

29 Notice to be given in Registry of Deeds

30 Disposal of antecedent documents of title

31 Persons to produce deeds

32 Land may be described by verbal description if no survey available,

PART IV - The Register and Certificates of Title

33 The Register, certificates of title and registration

34 Power of Recorder to make transparencies

34A Power to sell, destroy or otherwise dispose of certain documents

35 Lost certificate of title, folio of the Register, or duplicate

36 Searches of public records

37 Copies of public records

38 Section 38

PART V - The Effect of Registration

39 Folio of the Register conclusive evidence of title, &c.

40 Estate of registered proprietor indefeasible

41 Purchaser from registered proprietor not to be affected by notice

42 Purchasers and mortgagees protected

43 Validity of registration in name of deceased person

44 Persons jointly registered to be joint tenants

45 In suit for specific performance, folio of the Register conclusive

46 Folio of the Register void in certain cases

47 Certificate, recording, &c., procured by fraud void as between

PART VI - Estates and Interests in Land and Registration of

Dealings Division 1 - General provisions

48 Dealings to be attested; order of registration; priority of dealings

48A Lodgement of dealings and instruments

48B Authority for lodgement by electronic process

48C Lodgement of supporting documents

49 Instruments not effectual until registered

50 Dealings not to be registered except in accordance with this Act

51 Recording of dealing on certificate of title, &c.

52 Priority notices

52A Attorney-General to give notice of forfeiture orders

53 Dealing may be registered prior to grant from the Crown

54 Delivery of certificate of title or duplicate registered dealing

55 Effect of reference to plan

56 General covenants implied in dealings

57 Implied covenants may be modified or negatived

Division 2 - Transfers

58 Transfer

59 Transferee of land subject to mortgage or encumbrance to indemnify

60 Transfers of mortgages, encumbrances, and leases

61 Sale under writ

62 Dealings with lands of the Crown under Act

Division 3 - Severance of joint tenancy

63 Severance of joint tenancy

Division 4 - Leases

64 Leases

65 Surrender of lease

66 Covenants implied in every lease against lessee

67 Powers in lessor

68 Recovery of possession and determination of lease

69 Provisions of Act as to leases to apply, with necessary

70 Extension or variation of lease

71 Folio of the Register for a leasehold estate

Division 5 - Mortgages and encumbrances

72 Creation of mortgage or encumbrance

73 Mortgage or encumbrance not to operate as transfer

74 Covenants implied in every memorandum of mortgage

75 Submortgages

76 Postponement of mortgages and encumbrances

77 Procedure in case of default

78 Power to sell and appropriation of proceeds

79 Power of mortgagee to sell or lease mortgaged land and other land

80 Notice or lapse of time may be dispensed with

81 Effect of registration of sale by mortgagee or encumbrancee

82 Remedies of mortgagee or encumbrancee upon default

83 Mortgagee or encumbrancee may distrain for arrears of money secured

84 Mortgagee or encumbrancee of leasehold entering into possession of

85 Mortgagee may apply to Recorder for order for foreclosure

86 Order for foreclosure

87 First mortgagee or encumbrancee to produce title for registration of

88 Variation of terms of mortgage and encumbrance

89 Discharge of mortgage and encumbrance

90 Recorder may facilitate discharge of mortgage in certain cases

91 Application for order declaring mortgage, &c., discharged

92 Caveat by persons claiming under mortgage, &c.

93 Registration of order

94 Recording of satisfaction of encumbrance

Division 6 - Transmissions

95 Interpretation

96 Transmission on bankruptcy

97 Disclaimer or lease under Commonwealth Act

98 Transmission on death (old procedure)

99 Transmission on death to personal representative

100 Registration of survivor of joint proprietors, &c.

Division 7 - Re-entry on condition broken

101 Re-entry determining fee

Division 8 - Covenants running with the land

102 Covenants which run with freehold registered land

103 Effect of identity of parties to covenant

104 Discharge of covenants

104A Discharge of covenants in gross

Division 9 - Easements and profits à prendre

105 Creation of easements

106 The Register as evidence of easements

107 Profits à prendre

108 Release and extinguishment of easements and profits à prendre

109 Effect of unity of seisin on registered easements, &c.

110 Rectification of easements, &c., in old subdivisions

Division 10 - Recording of highways

111 Highways not to be registered as estates

112 Recording of highways

Division 11 - Estates tail

113 Tenancies in tail to pass fee simple

114 Where successive life estates are given to parent and child with

115 Tenant in tail under this Act entitled to deal with estate as

116 Transferee from tenant in tail may be registered for larger estate

Division 12 -

. . . . . . . .

117 Section 117

118 Section 118

119 Section 119

120 Section 120

121 Section 121

122 Section 122

123 Section 123

124 Section 124

Division 13 - Compulsory acquisition

125 Interpretation

126 Registration of acquiring authority as proprietor

127 Acquiring authority to be responsible to persons injured by operation

128 Acquiring authority not to have claim in respect of acquired land

129 Notice to treat, or notice of intention to acquire to be given to

130 Section 130

PART VII - Settled Land

131 Application of Settled Land Act 1884 to land held under this Act

PART VIII - Trusts

132 Trusts

PART IX - Caveats Division 1 - Caveats against dealings

133 Caveat against dealings

134 Caveat may be lodged by judgment creditor

135 Proceedings to remove caveat

136 Lapsing of caveat on registration of dealing

136A Cancellation of caveat on application of proprietor of estate or

137 No registration affecting land in respect of which caveat lodged

Division 2 - Compensation for lodging caveat without sufficient cause

138 Compensation for lodging caveat without sufficient cause

PART IXA - Orders to vest land

138A Registration as proprietor of person entitled to land by operation

138B Recorder to carry out order of Supreme Court vesting trust estate

138C Registration of dealing by person appointed by court

138D Recorder may make vesting order in certain circumstances when

138E Caveat forbidding granting of application under section 138D

138F Restriction on renewal of caveats

PART IXB - Possessory Title Division 1 - Preliminary

138G Interpretation

138H Application to unregistered land

Division 2 - Right to acquire easements

138I Abolition of common law rules

138J Acquisition of easements by possession

Division 3 - Procedure for vesting of easements

138K Applicant to notify owner of servient tenement

138L Requirements for application

138M Tenants in common

138N No easement in gross

138P Character of easement

138Q Power of Recorder to make recordings, &c.

138R Abolition of claim for profit à prendre

Division 4 - Caveat by owner

138S Power of owner to lodge caveat

Division 5 - Title by possession

138T Title by possession

138U Restriction on title by possession

138V Requirements for title by possession

138W Registered proprietor to hold land on trust

138X Power of Recorder to make vesting order

138Y Avoidance of sub-minimum lots

Division 6 - Caveats against easements and title by possession

138Z Caveat forbidding granting of application under this Part

138ZA Restriction on renewal of caveats

PART X - Amendment of the Register

139 Correction of errors

140 Cancellation of superfluous recordings

141 Powers of Supreme Court to direct cancellation of folio or recording

142 Rectification of boundaries, area or position of land

143 Effect of certain corrections

PART XA - Approval of Plans

143A Recorder may specify format, &c., of certain plans

143B Recorder may require information, &c., in respect of plans,

143C Recorder may correct errors on plans

143D Recorder may require substitute plans

143E Balance plans to be provided

143F Notice of rejection of plan to be given

143G Giving of notice

143H Accompanying document defined

143I Power of Recorder to rearrange plans

PART XI - Civil Rights and Remedies Division 1 - General

144 Proprietor if dissatisfied may summon Recorder to show cause

145 Action by person claiming as beneficiary may be brought in name of

146 Mortgagee, encumbrancee or lessor may obtain possession in certain

147 Right of mortgagee of lease not to be barred

148 Right of mortgagor or encumbrancer tendering principal, &c., and

149 Registered proprietor protected against ejectment, except in certain

Division 2 - The assurance fund and compensation from that fund

150 The assurance fund

151 Assurance fund not liable in certain cases

152 Compensation for party deprived of land

153 When action may lie against Recorder as nominal defendant

154 Date of deprivation in certain cases

155 Person sustaining loss may apply for compensation

156 Notice of action

157 Results of action

158 Limitation of actions

159 Moneys paid out of assurance fund may be recovered

PART XII - General Powers, Duties, and Immunities of Recorder

160 General powers of Recorder

160A Power of Recorder to issue directions

161 Recorder may state case for Supreme Court

162 Recorder may require map to be deposited

163 Power of Recorder to call in certificate of title, &c., in

164 Powers of Court and Recorder

165 Protection of Recorder

166 Payment of money received by Recorder to persons entitled under this

PART XIII - Miscellaneous

167 Jurisdiction in relation to offences

168 Service, &c., of notices

169 Section 169

169A Power of Recorder to approve forms

169B False representation as to approved forms

169C Recording of common provisions

169D Incorporation of common provisions

169E Prescribed fees

169EA Exemptions from fees

169F Validation

170 Regulations

170A Combination of forms

170B Duty of Recorder to transmit certain information

171 Section 171

172 Transitional provision

173 Repeal

[ Note: This table has been automatically generated and may be incomplete. ]

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