Land Title Act 1994 – 1 December 2014
Land Title Act 1994 – 1 December 2014
Land Title Regulation 2015 – 1 July 2016
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An instrument to transfer or create an interest in a lot must be executed by: (a) the transferor or the person creating the interest; and (b) the transferee in whose favour the interest is to be created or a legal practitioner authorised by the transferee or the person.
- Sections 4, 11, 161, 162, 167, Schedules 1, 2
A total or partial discharge or release of mortgage need only be signed by the mortgagee (whom is usually the bank).
- Sections 11, 161, 162, Schedule 1
If a consent of a person is required or permitted for a dealing with a lot, the consent must be written on the document for the dealing or if the government considers it appropriate, deposited with the relevant instrument.
- Section 12
A person may, on payment of a fee, search and obtain a copy of the indefeasible title of a lot or registered instrument.
- Section 35
Common property for a community titles scheme is owned by the owners of the lots included in the scheme. Note: the body corporate for the community titles scheme is however taken to be the registered owner for dealings affecting the fee simple interest in the common property.
- Sections 41BA, 41C
Common property for a community titles scheme cannot generally be sold or transferred or mortgaged.
- Section 41C
The registered owner of land may request a certificate of title from the registrar. This certificate must generally be returned for cancellation if future instruments affecting the land are to be registered.
- Sections 42, 43, 44, 45, 154, 164
A plan of subdivision may be registered. Upon registration, the lots defined in the plan are created as lots.
- Sections 49, 49A, 50, 52
If an instrument transferring an interest in land to co-owners does not show whether co-owners hold as tenants in common or as joint tenants, the registrar must register the co-owners as tenants in common.
- Section 56
A co-owner of land who is a tenant in common may request a separate indefeasible title be created for the interest they hold in the land.
- Section 57
A co-owner of land who is a joint tenant may sever the joint tenancy and create a tenancy in common with the other co-owners.
- Section 59
A lot or interest in a lot may be transferred by registering an instrument of transfer for the lot or interest. On registration, all the rights, powers, privileges and liabilities of the transferor in relation to the lot vest in the transferee (including any registered mortgage or lease). It is important to note that the transferee will also be bound by any existing short lease (which may not be registered). A short lease is currently defined as a lease for a term of 3 years or less; or from year to year or a shorter period.
- Sections 4, 37, 38, 60, 61, 62, 63, 71, 109, 110, 183, 184, 185, Schedule 2; Regulation 5
A lot or part of a lot may be leased by registering an instrument of lease for the lot or part. Note: If part of a lot is being leased, a sketch plan or survey plan is generally to be included with the instrument for registration.
- Sections 4, 64, 65, 68, 71, 109, 110, 183, Schedule 2; Regulation 5
A lease or amendment of a lease executed after registration of a mortgage of a lot is valid against the mortgagee only if the mortgagee consents to the lease or amendment before its registration.
- Section 66
A registered lease may be amended by registering an instrument of amendment of the lease. Note: An amendment cannot be lodged after the lease’s ‘term’ has ended.
- Section 67
A lot or an interest in a lot may be mortgaged by registering an instrument of mortgage for the lot or interest. Note: If the mortgagor is a trust, the document creating the trust (usually called a trust deed) must be deposited with the mortgage.
- Sections 4, 72, 73, 74, 78, Schedule 2
An easement over a lot or part of a lot (or registered lease) may only be created by registering an instrument of easement.
- Sections 82, 83, 84, 85A, 85B, 86, 90A, 91, 93, 94
A lot may be made subject to a covenant (with the State or local government) by the registration of an instrument of covenant. The covenant may be a positive or negative covenant and is binding on the current and future owners of the land.
- Sections 97A, 97AA, 97B, 97C
For each community titles scheme over freehold land, there must be: at least two lots, common property, a single body corporate and a single community management statement.
- Sections 115A, 115B, 115H
A person claiming an interest in a lot may lodge a caveat to prevent registration of an instrument affecting the lot.
- Sections 121, 122, 123, 124, 126, 130
For dealings under this Act to proceed under a power of attorney, the power of attorney must generally be registered under this Act. Note: To register a power of attorney, the document that is the power of attorney must accompany the request.
- Sections 132, 133, 134, 135, 137
A settlement notice in the approved form may be deposited by or for a transferee in relation to a transaction. The deposit of a settlement notice prevents registration of an instrument affecting the lot while it is in operation (generally two months). Note: The lodgement of a settlement notice does not affect any right to lodge a caveat.
- Sections 138, 139, 140, 141, 143, 144, 147, 151
Instruments affecting a lot, including instruments affecting or creating an interest in a lot, must be registered in the order in which they are lodged.
- Sections 177, 178
An instrument does not transfer or create an interest in a lot at law until it is registered.
- Sections 181, 182
A fee is not payable for the lodgement and registration of an instrument that relates to the acquisition by the State of an interest in land.
- Regulation 6
Reason for law
To define the rights of persons with an interest in registered freehold land. (Section 3)
Certificates of title and equitable mortgages may be outdated practices.
Part 6, Division 4B contains the phrase ‘profits a prendre’. This phrase is not commonly understood by members of the public.
- Conveyancing: Purchase: Checklist – QLD
- Conveyancing: Purchase: Initial letter to purchaser – QLD
- Conveyancing: Purchase: Duty letter to purchaser – QLD
- Conveyancing: Purchase: Body corporate records inspection – Checklist – QLD
- Conveyancing: Sale: Checklist – QLD
- Conveyancing: Sale: Initial letter to seller – QLD
- Conveyancing: General: Letter to real estate agent – Tips – QLD
Suggested further reading
- Land Contracts in Queensland – 4th Edition (2016)
- An Introduction to Property Law in Australia – 3rd Edition (2013)
- Essential Guide to Mortgage Law in Australia, 2nd Edition (2013)
- Fisher & Lightwood’s Law of Mortgage, 3rd Edition (2013)
- The Law of Real Property Mortgages – 2nd Edition (2013)
- Mortgagee’s Power of Sale – 3rd Edition (2012)
- Sackville and Neave Australian Property Law – 9th Edition (2012)
- Australian Property Law: Cases & Materials – 4th Edition (2011)
- Australian Real Property Law – 5th Edition (2011)
- Australian Property Law: Cases, Materials and Analysis – 2nd Edition (2011)
- Real Property Law in Queensland – 3rd Edition (2010)
- Easements and Restrictive Covenants in Australia – 3rd Edition (2010)
- Land Law – 6th Edition (2009)
- Property Law: In Principle – 2nd Edition (2008)
- Introduction to Property Law (2008)
- Principles of Land Contracts and Options in Australia (2003)
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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.
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