Land Titles Act 1993(No. 27 of 1993)
Table of Contents
Long Title
Enacting Formula
Part I PRELIMINARY
1 Short title and commencement
2 Division into Parts
3 Reconciliation with existing laws
4 Interpretation
Part II ESTABLISHMENT OF LAND TITLES REGISTRY
5 Officers
6 Seal of office
7 General powers of Registrar
Part III INITIAL REGISTRATION OF TITLES
Division 1 — Indefeasible titles
8 Alienation by State
9 Surrender of title to land freed and discharged from subsisting mortgage
10 Surrender of title to land subject to subsisting mortgage, statutory charge or caveat
11 Surrender of title to unregistered land with subsisting caveat
12 Restriction on registration of assurance, caveat or instrument pending issue of fresh title
13 Collector to furnish Registrar with particulars of land upon issue of fresh 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 caveats, mortgages and statutory charges registered or notified on land-register
18 Collector may refuse to accept surrender of title to land for reissue of title
19 Primary applications
20 Action following bringing of land under this Act
Division 2 — Qualified titles
21 Registrar may bring land under this Act when conveyance is registered under Registration of Deeds Act
22 Registrar may bring land under this Act after examining instruments registered under Registration of Deeds Act
23 Registrar may bring land approved for subdivision or development under this Act
24 Boundaries and dimensions of land comprised in a qualified folio
25 Cautions and lapsing of cautions
26 Cancellation of cautions
27 Prior encumbrances to be notified on a qualified folio
Part IV 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
41 Death of party
42 Entries on instruments of title
43 Replacement certificates of title
44 Disposal of antecedent documents of title and defunct instruments
Part V 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 VI INSTRUMENTS
51 Approved forms
52 Registration of mortgage, charge or lease
53 Manner of holding by co-owners
54 Description of land
55 Memorandum of prior encumbrances
56 Proprietor must execute instrument
57 Attestation and proof of execution
58 Execution of instruments by corporations
59 Certificate of correctness
60 Address for service of notices
61 Instruments to take effect as deeds
62 Covenants in instruments: Words of succession implied
Part VII 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 VIII 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
70 Standard terms and conditions applicable to mortgages
71 Submortgages
72 Custody of instruments 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 IX 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 X EASEMENTS
94 Interpretation
95 Licences not to be registered
96 Easements for installations
97 Registration necessary for creation of 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 an approved 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 Release of easements
106 Cancellation of easements
Part XI 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 XII CAVEATS
115 Caveats may be lodged
116 Provisional notification of caveats
117 Notification of caveats
118 Caveats lodged before initial registration
119 Effect of caveats
120 Effect of lodgment of an instrument 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 XIII WRITS AND ORDERS OF COURT
131 Interpretation
132 Writs and orders not binding unless registered
133 Dealings by judgment debtors
134 Lapsing of writs
135 Land sold in pursuance of writs
136 Withdrawal and satisfaction of writs and orders
137 Vesting orders
Part XIV RESTRICTIVE COVENANTS
138 Interpretation
139 Notification of restrictions
140 Release and variation of restrictions
141 Duration of restrictions
Part XV 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 XVI POWERS OF ATTORNEY
146 Interpretation
147 Registration of instruments executed by attorneys
148 Exoneration of purchasers
149 General attorneys
150 Investigation and registration fees
Part XVII 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 and Registrar
158 Limitation of actions for damages
159 Correction of errors in land-register
160 Rectification of land-register by court
Part XVIII 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 XIX MISCELLANEOUS
165 Subdivision of registered land
166 Trusts
167 Exoneration of Registrar
168 Fees and accounts
169 Offences and penalties
170 Rules
171 Saving of rights
172 Repeal and savings
173 Validation of extensions of caveats lodged under repealed Act
174 Amendment of Conveyancing and Law of Property Act
175 Amendment of State Lands Act
176 Amendment of Registration of Deeds Act
177 Amendment of Limitation Act