Land Title Act 1994

A registered proprietor of an interest in a lot holds the interest subject to registered interests affecting the lot but free from all other interests.

In particular, the registered proprietor—

is not affected by actual or constructive notice of an unregistered interest affecting the lot; and

is liable to a proceeding for possession of the lot or an interest in the lot only if the proceeding is brought by the registered proprietor of an interest affecting the lot.

However, subsections (1) and (2) do not apply—

to an interest mentioned in section 185; or

if there has been fraud by the registered proprietor, whether or not there has been fraud by a person from or through whom the registered proprietor has derived the registered interest.