Land Titles Act 1980

Land may be brought under this Act with a qualified title where – an applicant under section 11 – fails to satisfy the Recorder that the applicant is entitled to the estate that the applicant claims; fails to do or prove to the Recorder's satisfaction such things or matters as the Recorder may have required the applicant to do or prove in order to justify the bringing of the land under this Act; or requests the Recorder to register a qualified title; the proprietor of land to which section 17 applies or a person to whom the Recorder has given notice under section 19 requests the Recorder to register a qualified title; the Recorder is doubtful whether the title of any person to whom any provision of Division 3 of this Part applies is a title the holding under which will not be disturbed; or under any Act the Recorder is directed or empowered to register a qualified title.

Where land is brought under this Act with a qualified title a caution shall be recorded on the folio of the Register for that land and may be – a general caution, that is to say, a caution that the registered proprietor holds the registered proprietor’s estate subject to all estates and interests in the land created before the land was brought under this Act; or a particular caution, that is to say, a caution that the registered proprietor holds the registered proprietor’s estate subject to any defect in title or the estate or interest of any person the existence or probable or possible existence of which is indicated in a minute signed by the Recorder and filed in the office of the Recorder.

The Recorder's minute for the purpose of subsection (2)(b) – shall set forth any defect in the title or any estate or interest or probable or possible estate or interest of any person in the land and the acts or matters that ought to be done or proved and the requisitions that ought to be complied with in order to justify the cancellation of the caution recorded on the folio of the Register; does not form part of the Register; and shall be made available for inspection by any person on payment of the prescribed fee (if any).

The Recorder may revise and amend a minute under subsection (2) so as to indicate which of the defects, estates, or interests referred to in the minute have been removed or resolved and which of the acts, matters, or requisitions so referred to have been done, proved, or complied with.

Where a general caution is recorded on a folio of the Register, the Recorder may at any time cancel that caution and substitute a particular caution.

The Recorder may, upon production to the Recorder of such evidence of title as the Recorder deems sufficient, cancel a caution recorded on a folio of the Register.