Australian Capital Territory Current Acts

LAND TITLES ACT 1925

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   4.      Meaning of registrable form  
   5.      Application to married women's property  

   PART 2--ADMINISTRATION

   7.      Registrar-general's seal of office etc  

   PART 3--GENERAL POWERS OF REGISTRAR-GENERAL

   14.     Powers of registrar-general  
   15.     Penalty for obstructing registrar-general  

   PART 4--FUTURE GRANTS OF FREEHOLD AND OF CERTAIN CROWN LEASEHOLDS

   17.     Crown grants and certain Crown leases under Act  

   PART 5--APPLICATIONS TO BRING LAND UNDER ACT AND PROCEEDINGS ON APPLICATIONS

           Division 5.1--Requirements of applications

   18.     Land brought under Act  
   19.     Judge may order production of deeds for purpose of application  
   20.     Applicant to surrender documents of title and to furnish abstract if  

           Division 5.2--Procedure on applications

   21.     Applications to be considered by registrar-general  
   22.     When applicant is not original grantee or any transactions  
   23.     When evidence of title imperfect  
   24.     Notice of application to be published  
   25.     Registrar-general bringing land under Act  
   26.     On a return of notices or failure of personal service, registrar-general may  
   27.     Applicant may withdraw application  
   28.     Land occupied may be brought under Act by different description from that in title on  
   29.     Applications to bring land under Act may be granted for land occupied under, but not  

           Division 5.3--Caveats against original applications

   30.     Parties interested may enter caveat  
   31.     If caveat be received within time limited proceedings stayed  
   32.     Caveats lapse unless proceedings taken within 3 months  
   33.     Special case  
   34.     Where caveator fails to prosecute proceedings  

   PART 6--BRINGING LAND UNDER THE ACT--MISCELLANEOUS

   35.     Documents of title how to be dealt with  
   37.     Crown grants  

   PART 7--LAND REGISTERED UNDER REAL PROPERTY ACT 1900 (NSW)

   38.     Bringing under this Act of land to which State Act applies  
   39.     Transfer of records  
   40.     Recognition of transferred records  
   41.     Duplicate grant etc handed over to be deemed original grant  
   42.     Land referred to in pt 7 to be subject to certain reservations  

   PART 8--REGISTER BOOK AND REGISTRATION

   43.     Registrar-general to keep register  
   44.     Form of certificate of title  
   45.     One certificate may be issued for lands not contiguous  
   46.     Registering fee simple estate for which leasehold interest registered  
   47.     When instruments etc taken to be registered  
   47A.    Registration of transfers of mortgages, subleases etc  
   47B.    Registration of memoranda of provisions  
   47C.    Registration of instruments effecting dutiable transaction  
   48.     Instruments—registration and priority  
   48A.    Refusal to accept instruments for lodgment  
   48B.    Lodgment of instruments—registrable form  
   48BA.   Lodgment of instruments by legal practitioners—certification  
   48BB.   Lodgment of instruments by mortgagee  
   48BC.   Lodgment of instruments by self-represented parties—verification of identity and  
   48BD.   Signature and witnessing requirements—legal practitioners and mortgagee  
   48BE.   Verification of identity rules  
   48BF.    Verification of authority rules  
   48BG.    Compliance audits—lodgments by legal practitioners and mortgagee  
   48BH.   Non-compliance—registrar-general may require additional documents  
   48BI.   Power to refer to appropriate authority  
   48C.    Correction of errors prior to registration  
   51.     Instruments not to be registered  
   52.     Issue of new certificate of title after change in register  
   53.     Evidence as to title  
   54.     Joint tenants and tenants in common  
   55.     Survivor of joint tenants  
   56.     Remainderperson or reversioner may be registered as such  
   58.     Estate of registered proprietor paramount  
   59.     Purchaser from registered proprietor not to be affected by notice  
   60.     Protection as to notice of transferee before registration  
   64.     Registrar-general may require map to be deposited  
   65.     Certified copies of register  
   66.     Searches  
   67.     Issue of uncertified copies  
   68.     Registrar-general may register as proprietor person entitled to land by operation of statute or by  
   69.     Statute of limitations not to run against land under Act  

   PART 8A--RECORD OF ADMINISTRATIVE INTERESTS

   69A.    Meaning of administrative interest—Act  
   69B.    Meaning of authorised entity—pt 8A  
   69C.    Record of administrative interests  
   69D.    Protection from liability—administrative interests  

   PART 9--CROWN LEASES

   70.     Registration of Crown leases  
   71.     Dealings with Crown leases  
   72A.    Registration of variations  
   72AB.   Registration etc of orders under Planning Act 2023  
   72B.    Dealing with land before grant or registration of Crown lease  
   72C.    Memorial of compliance with building and development provision in  
   72D.    Memorial of application of certain provisions etc under Planning Act  

   PART 10--DEALINGS

           Division 10.1--Transfers

   73.     Memorandum of transfer  
   77.     Transferee—interests and obligations  
   78.     Transfer of mortgage or lease—right to sue  
   79.     Proprietor may vest estate jointly in self and others without limiting any use or without  
   80.     Endorsement when land becomes Crown land  
   81.     Short words for creation of right of way  

           Division 10.2--Leases

   82.     Form of lease  
   83.     Right of purchase or covenant to purchase may be inserted  
   84.     Mortgagee etc not bound by lease unless consent given  
   85.     Certain unregistered leases valid, but not rights of purchase or renewal under  
   86.     Surrender of lease  
   87.     Registration of re-entry by lessor  
   87A.    Entry of expiration of lease in register  
   87B.    Resumption and withdrawal of land from lease  
   87C.    Extension or variation of lease  
   88.     Lessee may sublet  
   88A.    Application of land sublease provisions  
   88B.    Land subleases—registration  
   88C.    Land subleases—mortgages  
   88D.    Land subleases—transfers  
   88E.    Land subleases—no further subleases  
   88F.    Land subleases—surrender  
   88G.    Withdrawal of land under land sublease  
   88H.    Surrender etc of land sublease—payment for improvements  
   88I.    ACAT review of value of improvements on land under land sublease  
   88J.    Recovery of land under land sublease if sublessee in unlawful  
   89.     Provisions as to leases to apply to subleases  
   90.     Determination of lease to determine sublease  
   91.     Covenants to be implied in subleases  

           Division 10.2A--Surrender of lease

   91A.    Surrender of lease not to affect sublease  
   91B.    Surrender of lease not to affect mortgage  
   91C.    New lease—continuation of interests noted on surrendered  

           Division 10.3--Mortgages and encumbrances

   92.     Land—how mortgaged or encumbered  
   92A.    Mortgage or encumbrance—postponement of priority  
   93.     Mortgage or encumbrance—effect  
   94.     Power to sell  
   95.     Sale by mortgagee—vesting  
   95A.    Sale by court order—application by mortgagor etc  
   96.     Default, entry and possession—action for recovery  
   97.     Order for foreclosure on default  
   98.     Application—how made effective  
   99.     Mortgagee to receive rent  
   100.    Mortgagee of leasehold entering into possession liable to lessor  
   100A.   Right of Territory if determination revoked and amount secured not  
   101.    Discharge of mortgages and encumbrances  
   101A.   Variation of mortgages  
   102.    Entry of satisfaction of annuity  
   103.    Facilitation of redemption in case of absent or unknown mortgagees  

           Division 10.3A--Memoranda of provisions

   103A.   Registration of memoranda of provisions  

           Division 10.3B--Easements and other incorporeal rights

   103B.   Easements—registration  
   103C.   Easements in gross—registration, transfer and extinguishment  
   103D.   Easements—same owner of benefited and burdened land  
   103DA.  Easements—subdivision of dominant tenement  
   103E.   Extinguishment of easement  
   103F.   Easements—variation  
   103G.   Incorporeal rights—registration  
   103H.   Incorporeal rights—extinguishment  

           Division 10.4--Caveats against dealings

   104.    Lodging of caveat  
   104A.   Entering caveat in register  
   104B.   Withdrawal of caveats  
   105.    Notice of caveat  
   105A.   Surrender and regrant of lease of land affected by caveat  
   106.    Caveat lapsing  
   107.    Removal of caveat  
   107A.   Effect on dealings  
   107B.   Removal of caveat by registrar-general  
   107C.   Successive caveats  
   108.    Compensation for lodging caveat without reasonable cause  

           Division 10.5--Determinations under Rates and Land Rent (Relief) Act 1970

   108A.   Certain documents under Rates and Land Rent (Relief) Act 1970 to be instruments  
   108B.   Effect of registration of determination  
   108C.   Registration of memorandum of discharge  

   PART 11--IMPLIED COVENANTS AND SHORT FORMS OF COVENANTS

   109.    Effect of covenant  
   110.    Covenants by person with self and another or others  
   111.    Implied covenants to be joint and several  
   112.    Implied covenants may be modified or negatived  
   113.    Benefit of implied covenants  
   114.    Construction of implied covenants and provisions  
   115.    Implied covenants with mortgagees  
   116.    General covenants to be implied in instruments  
   117.    Transferring of land subject to mortgage, encumbrance or charge to indemnify  
   118.    Covenant implied in mortgage  
   119.    Covenants of lessees  
   120.    Powers in lessor  
   121.    Abbreviated forms of words for covenants in leases  
   122.    Abbreviated form in mortgage  
   123.    Pt 11 not to apply to Crown leases  
   123A.   Pt 11 not to apply to residential tenancy agreements  
   123B.   Pt 11 does not apply to leases under Leases (Commercial and Retail)  

   PART 11A--BUILDING MANAGEMENT STATEMENTS

   123C.   Definitions—pt 11A  
   123D.   Building management statement may be registered  
   123E.   Effect of building management statement  
   123F.   Formal requirements for building management statement  
   123G.   Building management committee—procedure  
   123I.   Territory planning authority approval of building management  

   PART 12--TRUSTS

   124.    No notice of trusts to be entered in register  
   125.    Grants may be registered although trusts declared  
   128.    Registrar-general to carry out order of court vesting trust estate  

   PART 13--POWERS OF ATTORNEY

   130.    Powers of attorney  

   PART 14--TRANSMISSIONS

   132.    Transmission by bankruptcy or insolvency  
   133.    Mortgagee of leasehold interest of bankrupt may be entered as transferee of  
   135.    Transmission on death of proprietor  
   136.    Trusts—protection  
   138A.   Appointment of new or additional trustees  
   138B.   Registration of declaration by executor  

   PART 15--FEES AND FORMS

   139.    Determination of fees, charges and other amounts  
   140.    Approved forms  

   PART 16--CIVIL RIGHTS AND REMEDIES

   143.    Damages in certain cases  
   144.    Damages and costs to be paid by Territory  
   145.    Moneys paid by Territory may be recovered against estate of deceased or bankrupt  
   146.    Where person liable is out of jurisdiction  
   147.    Territory only liable in certain cases  
   148.    Proprietor may summon registrar-general to show cause if dissatisfied  
   149.    Special case when applicant dissatisfied with objection of  
   150.    Registrar-general may state case for court  
   151.    Costs of proceedings  
   152.    Registered proprietor protected against ejectment except in certain  
   153.    In case of ejectment of defendant who has made improvements their value may be  
   154.    Compensation for party deprived of land  
   155.    When actions may lie against registrar-general as nominal  
   156.    Notice of action  
   158.    Registrar-general not to be liable for acts done bona fide  
   159.    Purchasers and mortgagees protected  

   PART 17--CORRECTIONS AND ALTERATIONS

   160.    Correction of errors  
   161.    Power of court  
   162A.   Amend or alter name or address entered in register  

   PART 19--MISCELLANEOUS

   165.    Offence for certain fraudulent acts  
   166.    Conviction not to affect civil remedy  
   167.    Prosecutions and recovery of penalties  
   168A.   Document bearing imprint of seal of registrar-general  
   170.    Sales by order of court etc  
   170A.   Surrender and regrant of lease of land affected by writ  
   171.    Conditions of sale of land under Act  
   173.    Attesting of instruments  
   178.    Service of notices  
   178A.   Registrar-general may collect information  
   178B.   Registrar-general must give information about certain transactions and instruments to revenue  
   178C.   Expiry of provisions  
   179.    Regulation-making power  

   PART 20--TRANSITIONAL

   180.    Savings of titles with words ‘no survivorship' endorsed  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES