Land Titles Act 1980

For the purposes of this section indefeasible, in relation to the title of a registered proprietor of land, means subject only to such estates and interests as are recorded on the folio of the Register or registered dealing evidencing title to the land.

Subject to subsections (3) and (4), the title of a registered proprietor of land is indefeasible.

The title of a registered proprietor of land is not indefeasible – in the case of fraud, in which case the person defrauded has, except as otherwise provided in sections 41 and 42, all rights and remedies that the person would have had if the land were not registered land; where 2 or more folios of the Register subsist for conflicting estates in respect of the same land, in which case the title which was first brought under this Act or the repealed Act defeats the titles subsequently brought under this Act or the repealed Act; so far as regards the omission or misdescription of any reservations, exceptions, conditions, and powers contained in the Crown grant of the land, or of any right to the use and flow of water in a river, stream, watercourse, lake, pond, or marsh, or of any public right of way; so far as regards the interest of a tenant under – a periodic tenancy; a lease taking effect in possession for a term not exceeding 3 years (whether or not the lessee is given power to extend the term) at the best rent that can be reasonably obtained without taking a fine; and a lease capable of taking effect in equity only, except as against a bona fide purchaser for value without notice of the lease who has lodged a transfer for registration; and a residential tenancy agreement to which the Residential Tenancy Act 1997 applies; so far as regards – an easement arising by implication or under a statute which would have given rise to a legal interest if the servient land had not been registered land; or an easement created by deed but unintentionally omitted from the folio of the Register for the servient land when that servient land was brought under this Act or the repealed Act; or an easement that has been created under this Act but unintentionally omitted from the folio of the Register for the servient land; or an equitable easement, except as against a bona fide purchaser for value without notice of the easement who has lodged a transfer for registration; so far as regards any portion of land that may be erroneously included in the folio of the Register or registered dealing evidencing the title of that registered proprietor by a wrong description of parcels or boundaries; so far as regards any money charged on land under any Act; and subject to section 138W, so far as regards rights acquired, or in the course of being acquired, under a statute of limitations; and so far as regards land which under the Land Acquisition Act 1993 has vested in an acquiring authority, within the meaning of that Act, and in respect of which that authority has not been registered as proprietor.

The application of subsection (3)(e)(ia) extends to any land that was brought under this Act or the repealed Act before the commencement of the Land Titles Amendment (General Law Easements and Records) Act 1997.

If the estate of a registered proprietor is a leasehold estate, the estate of the registered proprietor is subject also to the provisions of the lease and of this Act affecting leases, lessors, and lessees, and subleases, sublessors, and sublessees.

In every case, other than those mentioned in subsections (2), (3), and (4), the title of a registered proprietor of land prevails, notwithstanding – the existence in any other person of any estate or interest, whether derived by grant from the Crown or otherwise, which, but for this Act, might be held to be paramount, or to have priority; and any want of notice or insufficient notice of any application, or any error, omission, or informality in any application or proceedings under this Act.

In this section, interest means – any interest, mortgage, encumbrance, charge, reservation, or right in respect of land; any covenant, the burden of which runs with freehold land; or any claim or demand in respect of land – whether at law or in equity.