torrens title: introduction
TRANSCRIPT
‘While much of Australian real property law has been reshaped by legislation, little attention has been given to the principles underlying much of the legislative reform. An understanding of real property law requires analysis not just of leading cases, but also of detailed legislation.’
Bradbrook et al, Australian Real Property Law (5th ed, 2011), 7
Statutory land title regulation
Freehold
Property Law Act
National Credit Code
Land Title Act
(Torrens)
Community Titles
Non-freehold land
Land Act
Retirement Villages Act
Native Title Act
Residential tenancies
Trusts Act
Mineral Resources
Act
Water Act
Retail shop leases
Queensland land regulation framework
A journey through statute
Version, commence-ment
Purpose, objects
Structure
Geographical extent
Persons and things covered
Land Title Act 1994 (Qld)
Commencement Purpose Structure
In what circumstances does it apply?
What does the Act cover?
How does it relate to the Property Law
Act?
Old System Title
What is old system title?
How was title created?
How were competitions resolved?How was title conveyed?
Identify the problems
• Private • Cumbersome• Uncertain
Old system
• Voluntary • Not universal
Deeds registration • State
guaranteed• Compulsory• Universal
Torrens
Common law Statutory response
What is the difference between…
S29 LTA
Particulars the registrar may record
S30 LTA
Registrar must register instruments
The registrar registers an instrument in the
freehold land register by recording in the freehold
land register the particulars necessary to identify the instrument. (s173 LTA)
• What is the meaning of:– Instrument– Freehold land
register– Necessary
particulars
Availa
ble
form
ats
for
pla
ns:
s4
8A
LTA
; re
quir
em
ents
s5
0
Adapted from a plan of subdivision on the record in the
Queensland Department of
Natural Resources and Mines (Land
Titles Office)
Lots: what is a lot?
Adapted from a plan of subdivision on the record in the
Queensland Department of
Natural Resources and Mines (Land
Titles Office)
New roads: how are they created?
Adapted from a plan of subdivision on the record in the
Queensland Department of
Natural Resources and Mines (Land
Titles Office)
CURRENT TITLE SEARCH NATURAL RESOURCES & MINES, QUEENSLAND
Request No: 106648038 Search Date: 12/07/2002 9:28am Title Reference: 21405036 Date Created: 10/04/1989 Previous Title: 20952963 REGISTERED OWNER EDWARD GOUGH WHITLAM ESTATE AND LAND Estate in Fee Simple LOT 9 REGISTERED PLAN 747474 County of NARES Parish of CAIRNS Local Government: CAIRNS EASEMENTS, ENCUMBRANCES AND INTERESTS
1. Rights and interests reserved to the Crown by Deed of Grant No. 10578325 (POR 387)
2. EASEMENT IN GROSS No 601478984 (N747466) 29/10/1974
BURDENING THE LAND TO COUNCIL OF THE CITY OF CAIRNS OVER EASEMENT K ON RP726686
ADMINISTRATIVE ADVICES - NIL UNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No
** End of Current Title Search **
Creation of indefeasible title –
what authority?
Conveyance: from equitable to legal title
Sign contract Search title Get finance
Attend settlement (hand over transfer in
exchange for $)
Lodge transferTransfer registers
What can be registered?Type of interest Find the relevant provision* What is its nature?
Grant in fee simple
Conveyance of a lot
Life interest
Lease
Mortgage
Easement
Title by adverse possession
Profit a prendre
Writ of execution
Power of attorney
Building management statement
Covenant
How did you locate this provision? What process did you use?
Electronic Conveyancing National Law (Queensland) Bill 2012
• Where did you look to find this Bill?• At what stage is the Bill now?• What is its purpose?• How does the Bill interact with other
jurisdictions?• What will be its impact on the LTA?
What is the difference between
S188 LTA• Compensation for
deprivation of a lot or an interest in a lot
s188A LTA• Compensation for loss
or damage