Land Titles Act 1993
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Division into Parts
3 Reconciliation with existing laws
4 Interpretation
Part 2 ESTABLISHMENT OF LAND TITLES REGISTRY
5 Appointment of Registrar, Deputy Registrars, Assistant Registrars and other officers
6 Seal of office
7 General powers of Registrar
Part 3 INITIAL REGISTRATION OF TITLES
Division 1 — Bringing land under the Act on alienation
8 Alienation by State
9 Surrender and reissue of title to land
10 (Repealed)
11 (Repealed)
12 Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title
13 Collector to furnish Registrar with particulars of fresh State title
14 Power of Registrar of Deeds to refuse registration of assurances
15 Application of section 8
16 Registrar to make an entry on folio as to conclusiveness of boundaries, etc.
17 Priority of interests protected by mortgages, statutory charges and caveats registered or notified on land‑register
18 Collector may refuse to accept surrender of title to land for reissue of title
Division 2 — Applications and schemes to bring land under this Act
19 Bringing lands under this Act
20 Primary applications
21 Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance
22 Land may be brought under this Act upon subdivision
23 In whose name title to issue
24 Mortgages and leases
24A Leases of flats erected on unregistered land
Division 3 — Qualified titles and caveats
25 Cautions and lapsing of cautions
26 Cancellation of cautions
27 Prior encumbrances to be notified on folio
Part 4 REGISTRATION
28 Land-register
29 Folios of land-register
30 New folios of land-register
31 Covenants restricting subdivision of land in State titles not to apply to registered land
32 Creation of new folios of land-register on application of mortgagee or chargee
33 Contingent interests
34 Certificates of title
35 Delivery of certificates of title, etc., after registration
36 Land-register as evidence
37 Registration and priority of instruments
38 Restrictions on Registrar’s powers of registration
39 Proprietors under disability
40 Corporations and limited liability partnerships
41 Death of party
42 Entries on documents of title
43 Replacement of certificates of title, etc.
43A Surrender of earlier certificate of title, etc., upon replacement
44 Disposal of antecedent documents or instruments following creation of folio
Part 5 EFFECT OF REGISTRATION
Division 1 — Indefeasibility and priority
45 Instruments ineffectual until registered
46 Estate of proprietor paramount
47 Exoneration from effect of notice
48 Priority determined by order of registration
49 Priority of unregistered interests
Division 2 — No title by adverse possession
50 No title by adverse possession
Part 6 INSTRUMENTS
51 Approved forms
51A Lodgment of instrument in electronic form
52 Registration of mortgage, charge or lease
53 Manner of holding by co-owners
54 Description of land
54A Obtaining of lot or strata lot number
55 Memorandum of prior encumbrances
56 Proprietor must execute instrument
57 Attestation and proof of execution
58 Execution of instruments by corporations, etc.
59 Certificate of correctness
60 Address for service of notices
60A Service of notices, etc.
61 Instruments to take effect as deeds
62 Covenants in instruments: Words of succession implied
Part 7 TRANSFERS
63 Form and effect of transfers
64 Transfers of land subject to mortgage or charge
65 Estates for life and in remainder
66 Merger of contract in transfer
67 Merger of registered interests
Part 8 MORTGAGES AND CHARGES
Division 1 — Mortgages of registered land
68 Form and effect of mortgages and charges
69 Application of Conveyancing and Law of Property Act 1886
70 Standard covenants and conditions applicable to mortgages
71 Submortgages
72 Custody of documents of title
73 Transfers made in exercise of power of sale
74 Application of proceeds of sale
75 Entry into possession
76 Foreclosure of mortgages
77 Right to discharge
78 Discharge of mortgages and charges
79 Satisfaction of charges
80 Tacking of further advances
Division 2 — Common law mortgages notified on land-register
81 Application of this Division
82 Application of sections 71 to 75 and 78 to 80
83 Mortgagee to execute transfer
84 Discharge of a mortgage, etc., notified on land-register
85 Foreclosure of mortgages notified on land-register
Part 9 LEASES
86 Application of this Part
87 Form and registration of leases
88 Options for renewal and for purchase
89 Leases of mortgaged land
90 Covenants against assigning and subletting
91 Surrender of leases
92 Determination of leases
93 Implied powers of lessors
Part 10 EASEMENTS
94 Interpretation of this Part
95 Licences not to be registered
96 Easements for installations
97 Registration necessary for creation of easements
97A Power of court to create easements
98 Implied easements for passage of water, electricity, drainage, gas and sewerage for development
99 Implied easements for right of way and other rights shown in subdivision plan
100 Extinguishment by union of tenements
101 Easements to pass on transfer without express mention
102 Contribution to repairs
103 Grant of right of way
104 Party walls
105 Variation or release of easements
105A Power of court to vary or extinguish easements
106 Cancellation of easements
Part 11 TRANSMISSIONS
107 Transmission on death of proprietors in severalty
108 Dealings without transmission
109 Full number of personal representatives required
110 Transmission on bankruptcy
111 Caveats by Official Assignee
112 Bankruptcy: Effect of disclaimer, discharge and annulment
113 Effect of transmission
114 Notice of death or defeasance
Part 12 CAVEATS
115 Caveats may be lodged
115A Controller of Residential Property may lodge caveat
116 Provisional notification of caveats
117 Notification of caveats
118 Caveats lodged before initial registration
119 Effect of caveats
120 Effect of lodgment of a dealing affecting interest claimed in a caveat
121 Lapsing of caveats
122 Extension of caveats
123 Service of notices on caveator
124 Order for security, etc.
125 Notifications for lapsing, cancellation or extension of caveats
126 Withdrawal of caveats
127 Remedies of caveatee
128 Compensation payable for wrongfully lodging caveats, etc.
129 Registration of dealings in land
130 Right to injunction not affected
Part 13 WRITS AND ORDERS OF COURT
131 Interpretation of this Part
132 Writs and orders not binding unless registered
133 Dealings by judgment debtors
134 Lapsing of writs
135 Land sold pursuant to writs
136 Withdrawal and satisfaction of writs and orders
137 Vesting orders
Part 14 RESTRICTIVE COVENANTS
138 Interpretation of this Part
139 Notification of restrictions
140 Release and variation of restrictions
141 Duration of restrictions
Part 15 STATUTORY ACQUISITION AND SALE
142 Statutory obligations
143 Compulsory acquisition of registered land
144 Sale of land for revenue or rates
145 Statutory vesting not elsewhere provided for
Part 16 POWERS OF ATTORNEY
146 Interpretation of this Part
147 Registration of instruments executed by attorneys
148 Exoneration of purchasers
149 General attorneys
150 Investigation and registration fees
Part 17 CIVIL RIGHTS AND REMEDIES
151 Assurance fund
152 Registrar may be summoned for refusal to register instruments, etc.
153 Registrar may state a case
154 Actions for recovery of land
155 Actions for recovery of damages
156 Procedure in actions against assurance fund
157 Protection of bona fide purchasers, Authority and Registrar
158 Limitation of actions for damages
159 Correction of errors in land-register
160 Rectification of land-register by court
Part 18 SEARCHES AND CERTIFIED COPIES
161 Searches by public
162 Official searches
163 Priority affected by final official searches
164 Certified copies: Value as evidence
Part 19 MISCELLANEOUS
165 Subdivision of registered land
166 Trusts
167 Exoneration of Authority and Registrar
168 Fees and accounts
169 Offences and penalties
170 Composition of offences
171 Fees to be paid to Authority
172 Rules
173 Saving of rights
174 Savings
175 Validation of extensions of caveats lodged under repealed Act
176 Transitional provisions
Legislative History
Abbreviations