Land Titles Act 1925

This Act is the Land Titles Act 1925.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘registrable form, for an instrument—see section 4.’ means that the term ‘registrable form’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

For this Act, an instrument is in registrable form if—

the instrument does not require a material correction, alteration or addition; and

the instrument is in the form (if any) approved under section 140 (Approved forms); and

any document that is required to be produced under section 14 (1) (a) or (c) for the instrument is produced when the instrument is lodged; and

certification under section 48BA or section 48BB, or verification under section 48BC, is provided for the instrument; and

any document for the instrument that is required to be provided under section 48BH (2) is provided when the instrument is lodged; and

the instrument is otherwise in accordance with this Act or another law in force in the ACT.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Nothing in this Act is taken to affect or control any other territory law which deals with married women’s property.

Part 2 Administration

A reference in this Act to the seal of office, or the signature, of the registrar-general, deputy registrar-general or acting registrar-general includes a reference to a production by electronic means of the seal or signature, as the case may be.

Part 3 General powers of registrar‑general

The registrar-general may—

require the proprietor or other person making application to have any land brought under this Act, or the proprietor or mortgagee or other person interested in any land under this Act, in respect of which any transfer, lease, mortgage, encumbrance or other dealing or any release from any mortgage or encumbrance has been presented to the registrar‑general for registration under this Act, or in respect of which any transmission is about to be registered or which or any portion of which has been resumed or withdrawn, to produce any grant, conveyance, deed, mortgage, lease, will or other document or instrument in his or her possession or within his or her control affecting the land or the title thereto; and

summon any such proprietor, mortgagee or other person mentioned in paragraph (a) to appear and give any explanation respecting the land or the documents or instruments affecting the title thereto; and

for an instrument lodged under section 48BA or section 48BB—require the legal practitioner or mortgagee corporation to produce a document in relation to which certification under those sections was given; and

Note The registrar-general may also require documents in relation to an instrument from a legal practitioner or mortgagee corporation under s 48BH.

keep a record of administrative interests on the register;

Note Administrative interest—see s 69A.

administer oaths or may take a statutory declaration in lieu of administering an oath; and

correct or alter the register to the extent and in the manner provided by sections 160, 161 and 162A; and

on the application of a registered proprietor and on production of any evidence that the registrar-general requires—record in the register that an interest in land has been extinguished by merger; and

enter a caveat on behalf of any person under a legal disability or who is absent from Australia, or on behalf of the Commonwealth, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing with any land in any case in which it appears to him or her that an error has been made by misdescription of the land or otherwise in any document or instrument, or for the prevention of any fraud or improper dealing; and

without erasing or rendering illegible the original measurements, alter—

grants, the register and entries made therein; and

any maps, plans, documents and instruments deposited or lodged with him or her, whether under this or any other Act;

so as to express in metric units, to the 3rd decimal place, any measurements contained therein that are expressed in imperial units.

The registrar-general has, and may exercise, if a notice of a determination made under the Rates and Land Rent (Relief) Act 1970, section 3, or a memorandum of discharge under that Act, section 18, is presented to him or her for registration, all or any of the powers conferred by subsection (1) as if the notice were a mortgage, or the memorandum of discharge were a discharge of a mortgage, presented to him or her for registration under this Act.

If notice in writing is given to the registrar-general that land, or an interest in land, is affected by—

a Territory or Commonwealth law; or

anything done under a Territory or Commonwealth law;

the registrar-general must make a record in the register that the land or interest has been so affected.

For subsection (3), the following provisions apply:

subject to any relevant provision of the Territory or Commonwealth law, a record made under that subsection takes effect accordingly;

that subsection does not apply to a matter if a provision of a Territory or Commonwealth law makes provision (however expressed) for making a record in the register in respect of the matter.

If a record—

was made in the register before the date of commencement of subsection (3) (the commencement date); and

was not, when made, authorised or required by a Territory or Commonwealth law to be made in the register; and

could, on and after the commencement date, have been made under that subsection;

the record takes effect, on and after the commencement date, as a record made under that subsection.

If—

the register contains a record in relation to land or an interest in land; and

the lease of the land is surrendered by the lessee; and

a new lease of the land comprised in the surrendered lease is granted to the lessee;

the registrar-general must make a corresponding record in the register in relation to the new lease.

The registrar-general may allow a document that is required or permitted to be presented or lodged with the registrar-general for this or any other Act to be presented by such means, including electronic means, as the registrar-general thinks fit.

The registrar-general may deal with any document the registrar‑general is required or permitted to deal with under this Act or another territory law electronically or by any other means the registrar-general considers fit.

If any person upon requisition in writing made by the registrar‑general under section 14 (1) (a), (b) or (c)—

refuses or neglects to produce any document or instrument or to allow it to be inspected; or

refuses or neglects to give any explanation;

he or she commits an offence.

Maximum penalty:

for paragraph (a)—50 penalty units, imprisonment for 6 months or both; and

for paragraph (b)—50 penalty units.

The registrar-general, if any document or instrument so withheld appears to him or her to be material, shall not be bound to proceed with the bringing of the land under this Act, or with the registration of the transfer or other dealing, as the case may be.

Part 4 Future grants of freehold and of certain Crown leaseholds

Each grant of freehold and each grant for a term exceeding 5 years granted by or in the name of the Commonwealth or by the Territory after the commencement of this Act shall be given to the registrar‑general, and, in addition to proper words, shall refer to a map of the land.

On the registration of the grant, the registrar-general must tell the grantee, in writing, about the registration.

The registration shall be deemed to be an enrolment of record of the grant, and the enrolment shall relate back to the date of the grant, and the grant when registered under this Act shall be sufficient evidence of a duly enrolled grant of the land therein described to the person therein named on the date thereof.

Part 5 Applications to bring land under Act and proceedings on applications

Division 5.1 Requirements of applications

Land not subject to this Act may be brought under its provisions.

The registrar-general shall receive applications for that purpose if made by—

any person in Australia claiming to be the person in whom the fee simple is vested in possession either at law or in equity:

Provided that in any case where trustees, seized in fee simple, have no express power to sell the land which they seek to bring under the operation of this Act, the person claiming to be beneficially entitled for the first life estate, or other greater estate than a life estate in the land, shall join in the application; or

any person in Australia claiming a life estate in possession, or a leasehold for a life or lives, or having a term of not less than 25 years then current, and any person in Australia claiming a leasehold estate under a Crown lease having a term not less than 5 years then current:

Provided that all persons claiming to be beneficially entitled in reversion or remainder shall join in the application:

Provided further that nothing in the preceding proviso shall be construed as requiring the concurrence of a lessor in an application by a lessee; or

any person in Australia who has the power of appointing or disposing of the fee simple of any land absolutely; or

the attorney in the ACT, under a power of attorney, of a corporation having the power to hold or dispose of land in fee simple:

Provided that—

the power of attorney shall be under the common seal of the corporation, and shall authorise the attorney to apply; and

the application shall be made for and on behalf of the corporation; and

the requisite declaration shall be made by him or her to the best of his or her knowledge, information and belief; and

the application shall be subscribed in his or her own name as such attorney; and

the interest in the land must be registered in the name of the corporation; or

the attorney in the ACT of any person absent Australia who would be entitled to apply if resident in Australia, provided that the attorney is constituted such by an instrument under seal authorising him or her, at his or her absolute discretion—

to sell and convey land for an absolute estate in fee simple, and to give effectual discharges to purchasers; or

as regards applications in respect of a life estate or a leasehold, to deal with life estates and leaseholds respectively;

and the requisite evidence of non-revocation of the power by the grantor’s death or otherwise is furnished; or

a parent or guardian of an infant, in the name of the infant; or

the manager of a person’s property under the Guardianship and Management of Property Act 1991.

No such application shall be received—

from a person who has contracted to purchase any land unless either the vendor consents to or joins in the application or the whole of the purchase money has been paid to the vendor or his or her authorised attorney or agent; or

from a person claiming to be entitled to an undivided share of any land unless the person who appears to be entitled to the other undivided share joins in the application with the view of bringing the entirety under this Act; or

from the mortgagor of any land unless the mortgagee joins in the application; or

from the mortgagee of any land except in the exercise of a power of sale contained in the mortgage deed; or

in respect of any land subject to the lien of any judgment or execution creditor unless the creditor consents to the application.

The bringing of any leasehold under this Act shall not be held to extinguish the reversion expectant thereon.

In the event of land being brought under this Act under an application by any person mentioned in subsection (2) (c), the application shall be deemed, both at law and in equity, to be an exercise of the power vested in that person.

The judge of the court may, on the application of any person seeking to bring land under this Act, order any specified person who has in his or her possession or under his or her control any deed, document, instrument or evidence of title relating to or affecting the land, to produce, at the office of the registrar-general, on a day to be named in the order, the deed, document, instrument or evidence for the perusal of the registrar-general.

Any order under subsection (1) shall be upon such terms and subject to such conditions as to costs or otherwise as the judge deems fit.

Every applicant to bring land under this Act shall, when making his or her application—

deposit with the registrar-general all documents in his or her possession or under his or her control constituting or in any way affecting his or her title, and in the case of a leasehold a certified copy of the lease, and of any other document under which the applicant claims title, and furnish a schedule of those documents, and also, if required, an abstract of his or her title; and

state in his or her application the nature of his or her interest, and of every interest held therein by any other person whether at law or in equity, in possession, or in futurity or expectancy, and whether the land be occupied or unoccupied (and, if occupied, the name and description of the occupant and the nature of his or her occupancy, and whether the occupancy be adverse or otherwise), and the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect to which application is made so far as known to him or her, and that the schedule so furnished includes all documents of title to the land in his or her possession or under his or her control; and

make and subscribe a declaration to the truth of the statement.

The applicant may in his or her application require the registrar‑general, at the expense of the applicant, to cause notice of his or her application to be served upon any person whose name and address is for that purpose therein stated.

Division 5.2 Procedure on applications