Registration of interest in land
131 Registration of interest in land
If, in accordance with this Act, an instrument relating to land is lodged with the Registrar-General, the Registrar-General must register the instrument under the Land Title Act 2000.
When an instrument of:
the transfer of land in accordance with section 88 is lodged; or
the forfeiture of land, together with a copy of the forfeiture order, is lodged under section 102(1); or
the forfeiture of land under a registered interstate forfeiture order, together with a copy of the interstate order, is lodged under section 123(5);
in addition to registering the instrument the Registrar-General must:
register the Territory as the proprietor of the property; and
endorse the land register in relation to the land to the effect that, when the instrument was registered the property ceased to be subject to or affected by any interests recorded in the register, including caveats, mortgages, charges, obligations and estates but not including rights-of-way, easements and restrictive covenants, to which it was subject or by which it was affected immediately before the registration of the instrument.
To the extent that a provision of this Act relating to land is inconsistent with the Land Title Act 2000, the provision of this Act prevails, but this Act does not otherwise affect the operation of the Land Title Act 2000 in relation to land dealt with under this Act.
This Act does not prevent:
a person from lodging with the Registrar-General:
a caveat relating to land subject to a restraining order; or
an instrument relating to a dealing or purported dealing in land that is subject to a restraining order at the time that the instrument is lodged; or
an instrument relating to a dealing or purported dealing in land that was subject to a restraining order at the time that the dealing or purported dealing was carried out; or
the Registrar-General from:
giving notice to a person that a caveat has been lodged in relation to land that is subject to a restraining order; or
accepting an instrument relating to a dealing or purported dealing in land that is subject to a restraining order at the time that the instrument is lodged; or
accepting an instrument of a dealing or purported dealing in land that was subject to a restraining order at the time that the dealing or purported dealing was carried out;
but the Registrar-General must not register an instrument in the land register in relation to land while the land is subject to a registered restraining order.
This Act’s bill:Second reading speech
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