Tasmanian Consolidated Acts

LAND TITLES ACT 1980

- Act 19 of 1980 
- Royal Assent 21 May 1980 

TABLE OF PROVISIONS

           Long Title

   PART I - General

   1.      Short title
   2.      Commencement
   3.      Interpretation
   3A.     Crown to be bound

   PART II - Administration

   4.      Appointment of Recorder, &c.
   5.      Seal of office
   6.      Powers and immunities of Deputy Recorder, &c.
   7.      Documents purporting to be sealed or signed by Recorder or Deputy Recorder, &c., to be received in evidence
   8.      Facsimile signature of Recorder or Deputy Recorder, &c.

   PART III - Bringing land under this Act

           Division 1 - Crown grant

   9.      Unalienated land, when alienated in fee, to be subject to this Act
   10.     Transfers to be used instead of grant deeds

           Division 2 - Application

   11.     Applications to bring land under this Act
   12.     How application dealt with
   13.     Notices
   14.     Caveat forbidding the bringing of land under this Act
   15.     Withdrawal of application to bring land under Act

           Division 3 - Completing the Register

   16.     Appointed day
   17.     Land may be brought under this Act on registration of instruments under the Registration of Deeds Act 1935
   17A.    Land to be brought under this Act upon subdivision
   18.     Land may be brought under this Act upon subdivision
   19.     Land may be brought under this Act at the instance of the Recorder
   20.     Refusal to comply with notice under section 19; making false or misleading statement, &c.

           Division 4 - Qualified title

   21.     Qualified title
   22.     Subsisting estates and interests to be recorded on qualified title
   23.     Certain informal dealings may be registered
   24.     Qualified title may be cancelled or corrected in certain circumstances
   25.     Caution to lapse after 20 years
   26.     Application of this Act to land in qualified title

           Division 5 - General provisions

   27.     Land not alienated from the Crown may be brought under this Act
   27A.    Certain Crown land may be brought under this Act
   28.     How certain estates and interests dealt with when land brought under this Act
   28A.    Restraining orders not affected when land brought under Act
   29.     Notice to be given in Registry of Deeds
   30.     Disposal of antecedent documents of title
   31.     Persons to produce deeds
   32.     Land may be described by verbal description if no survey available, &c.

   PART IV - The Register and Certificates of Title

   33.     The Register, certificates of title and registration
   34.     Power of Recorder to make transparencies
   34A.    Power to sell, destroy or otherwise dispose of certain documents
   35.     Lost certificate of title, folio of the Register, or duplicate registered dealing
   36.     Searches of public records
   37.     Copies of public records
   38.      

   PART V - The Effect of Registration

   39.     Folio of the Register conclusive evidence of title, &c.
   40.     Estate of registered proprietor indefeasible
   41.     Purchaser from registered proprietor not to be affected by notice
   42.     Purchasers and mortgagees protected
   43.     Validity of registration in name of deceased person
   44.     Persons jointly registered to be joint tenants
   45.     In suit for specific performance, folio of the Register conclusive evidence of title, &c.
   46.     Folio of the Register void in certain cases
   47.     Certificate, recording, &c., procured by fraud void as between all parties to fraud

   PART VI - Estates and Interests in Land and Registration of Dealings

           Division 1 - General provisions

   48.     Dealings to be attested; order of registration; priority of dealings
   48A.    Lodgement of dealings and instruments
   48B.    Authority for lodgement by electronic process
   48C.    Lodgement of supporting documents
   49.     Instruments not effectual until registered
   50.     Dealings not to be registered except in accordance with this Act
   51.     Recording of dealing on certificate of title, &c.
   52.     Priority notices
   52A.    Attorney-General to give notice of forfeiture orders
   53.     Dealing may be registered prior to grant from the Crown
   54.     Delivery of certificate of title or duplicate registered dealing
   55.     Effect of reference to plan
   56.     General covenants implied in dealings
   57.     Implied covenants may be modified or negatived

           Division 2 - Transfers

   58.     Transfer
   59.     Transferee of land subject to mortgage or encumbrance to indemnify transferor
   60.     Transfers of mortgages, encumbrances, and leases
   61.     Sale under writ
   62.     Dealings with lands of the Crown under Act

           Division 3 - Severance of joint tenancy

   63.     Severance of joint tenancy

           Division 4 - Leases

   64.     Leases
   65.     Surrender of lease
   66.     Covenants implied in every lease against lessee
   67.     Powers in lessor
   68.     Recovery of possession and determination of lease
   69.     Provisions of Act as to leases to apply, with necessary modifications, to subleases
   70.     Extension or variation of lease
   71.     Folio of the Register for a leasehold estate

           Division 5 - Mortgages and encumbrances

   72.     Creation of mortgage or encumbrance
   73.     Mortgage or encumbrance not to operate as transfer
   74.     Covenants implied in every memorandum of mortgage
   75.     Submortgages
   76.     Postponement of mortgages and encumbrances
   77.     Procedure in case of default
   78.     Power to sell and appropriation of proceeds
   79.     Power of mortgagee to sell or lease mortgaged land and other land together
   80.     Notice or lapse of time may be dispensed with
   81.     Effect of registration of sale by mortgagee or encumbrancee
   82.     Remedies of mortgagee or encumbrancee upon default
   83.     Mortgagee or encumbrancee may distrain for arrears of money secured under mortgage or encumbrance
   84.     Mortgagee or encumbrancee of leasehold entering into possession of rent and profits becomes liable to lessor
   85.     Mortgagee may apply to Recorder for order for foreclosure
   86.     Order for foreclosure
   87.     First mortgagee or encumbrancee to produce title for registration of subsequent dealing
   88.     Variation of terms of mortgage and encumbrance
   89.     Discharge of mortgage and encumbrance
   90.     Recorder may facilitate discharge of mortgage in certain cases
   91.     Application for order declaring mortgage, &c., discharged
   92.     Caveat by persons claiming under mortgage, &c.
   93.     Registration of order
   94.     Recording of satisfaction of encumbrance

           Division 6 - Transmissions

   95.     Interpretation
   96.     Transmission on bankruptcy
   97.     Disclaimer or lease under Commonwealth Act
   98.     Transmission on death (old procedure)
   99.     Transmission on death to personal representative
   100.    Registration of survivor of joint proprietors, &c.

           Division 7 - Re-entry on condition broken

   101.    Re-entry determining fee

           Division 8 - Covenants running with the land

   102.    Covenants which run with freehold registered land
   103.    Effect of identity of parties to covenant
   104.    Discharge of covenants
   104A.   Discharge of covenants in gross

           Division 9 - Easements and profits à prendre

   105.    Creation of easements
   106.    The Register as evidence of easements
   107.    Profits à prendre
   108.    Release and extinguishment of easements and profits à prendre
   109.    Effect of unity of seisin on registered easements, &c.
   110.    Rectification of easements, &c., in old subdivisions

           Division 10 - Recording of highways

   111.    Highways not to be registered as estates
   112.    Recording of highways

           Division 11 - Estates tail

   113.    Tenancies in tail to pass fee simple
   114.    Where successive life estates are given to parent and child with estate tail to grandchild, parent and child may bar entail
   115.    Tenant in tail under this Act entitled to deal with estate as effectually as tenant in tail under general law
   116.    Transferee from tenant in tail may be registered for larger estate which tenant may confer

           Division 12 - .  .  .  .  .  .  .  .  

   117.     
   118.     
   119.     
   120.     
   121.     
   122.     
   123.     
   124.     

           Division 13 - Compulsory acquisition

   125.    Interpretation
   126.    Registration of acquiring authority as proprietor
   127.    Acquiring authority to be responsible to persons injured by operation of this Division
   128.    Acquiring authority not to have claim in respect of acquired land
   129.    Notice to treat, or notice of intention to acquire to be given to Recorder
   130.     

   PART VII - Settled Land

   131.    Application of Settled Land Act 1884 to land held under this Act

   PART VIII - Trusts

   132.    Trusts

   PART IX - Caveats

           Division 1 - Caveats against dealings

   133.    Caveat against dealings
   134.    Caveat may be lodged by judgment creditor
   135.    Proceedings to remove caveat
   136.    Lapsing of caveat on registration of dealing
   136A.   Cancellation of caveat on application of proprietor of estate or interest
   137.    No registration affecting land in respect of which caveat lodged

           Division 2 - Compensation for lodging caveat without sufficient cause

   138.    Compensation for lodging caveat without sufficient cause

   PART IXA - Orders to vest land

   138A.   Registration as proprietor of person entitled to land by operation of any Act
   138B.   Recorder to carry out order of Supreme Court vesting trust estate
   138C.   Registration of dealing by person appointed by court
   138D.   Recorder may make vesting order in certain circumstances when purchaser in possession
   138E.   Caveat forbidding granting of application under section 138D
   138F.   Restriction on renewal of caveats

   PART IXB - Possessory Title

           Division 1 - Preliminary

   138G.   Interpretation
   138H.   Application to unregistered land

           Division 2 - Right to acquire easements

   138I.   Abolition of common law rules
   138J.   Acquisition of easements by possession

           Division 3 - Procedure for vesting of easements

   138K.   Applicant to notify owner of servient tenement
   138L.   Requirements for application
   138M.   Tenants in common
   138N.   No easement in gross
   138P.   Character of easement
   138Q.   Power of Recorder to make recordings, &c.
   138R.   Abolition of claim for profit à prendre

           Division 4 - Caveat by owner

   138S.   Power of owner to lodge caveat

           Division 5 - Title by possession

   138T.   Title by possession
   138U.   Restriction on title by possession
   138V.   Requirements for title by possession
   138W.   Registered proprietor to hold land on trust
   138X.   Power of Recorder to make vesting order
   138Y.   Avoidance of sub-minimum lots

           Division 6 - Caveats against easements and title by possession

   138Z.   Caveat forbidding granting of application under this Part
   138ZA.  Restriction on renewal of caveats

   PART X - Amendment of the Register

   139.    Correction of errors
   140.    Cancellation of superfluous recordings
   141.    Powers of Supreme Court to direct cancellation of folio or recording in certain cases
   142.    Rectification of boundaries, area or position of land
   143.    Effect of certain corrections

   PART XA - Approval of Plans

   143A.   Recorder may specify format, &c., of certain plans
   143B.   Recorder may require information, &c., in respect of plans, &c.
   143C.   Recorder may correct errors on plans
   143D.   Recorder may require substitute plans
   143E.   Balance plans to be provided
   143F.   Notice of rejection of plan to be given
   143G.   Giving of notice
   143H.   Accompanying document defined
   143I.   Power of Recorder to rearrange plans

   PART XI - Civil Rights and Remedies

           Division 1 - General

   144.    Proprietor if dissatisfied may summon Recorder to show cause
   145.    Action by person claiming as beneficiary may be brought in name of trustee
   146.    Mortgagee, encumbrancee or lessor may obtain possession in certain cases
   147.    Right of mortgagee of lease not to be barred
   148.    Right of mortgagor or encumbrancer tendering principal, &c., and paying same to Treasurer to obtain discharge of mortgage, &c.
   149.    Registered proprietor protected against ejectment, except in certain cases

           Division 2 - The assurance fund and compensation from that fund

   150.    The assurance fund
   151.    Assurance fund not liable in certain cases
   152.    Compensation for party deprived of land
   153.    When action may lie against Recorder as nominal defendant
   154.    Date of deprivation in certain cases
   155.    Person sustaining loss may apply for compensation
   156.    Notice of action
   157.    Results of action
   158.    Limitation of actions
   159.    Moneys paid out of assurance fund may be recovered

   PART XII - General Powers, Duties, and Immunities of Recorder

   160.    General powers of Recorder
   160A.   Power of Recorder to issue directions
   161.    Recorder may state case for Supreme Court
   162.    Recorder may require map to be deposited
   163.    Power of Recorder to call in certificate of title, &c., in certain cases
   164.    Powers of Court and Recorder
   165.    Protection of Recorder
   166.    Payment of money received by Recorder to persons entitled under this Act

   PART XIII - Miscellaneous

   167.    Jurisdiction in relation to offences
   168.    Service, &c., of notices
   169.     
   169A.   Power of Recorder to approve forms
   169B.   False representation as to approved forms
   169C.   Recording of common provisions
   169D.   Incorporation of common provisions
   169E.   Prescribed fees
   169EA.  Exemptions from fees
   169F.   Validation
   170.    Regulations
   170A.   Combination of forms
   170B.   Duty of Recorder to transmit certain information
   171.     
   172.    Transitional provision
   173.    Repeal
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3