Land Title Act 1994 - Queensland

Service summary

The Act consolidates and reforms the law about the registration of freehold land and interests in freehold land and, in particular:

  • defines the rights of persons with an interest in registered freehold land
  • continues and improves the system for registering title and transferring interests in freehold land
  • defines the functions and powers of the Registrar of Titles and
  • provides for the keeping of the registers in the titles registry including through the use of technology

The Act contains provisions which deal specifically with registration of ownership and other interests in land and associated aspects of land titling including:

  • indefeasible title
  • certificates of title
  • subdividing lots
  • joint holders in a lot or joint owners of land
  • transfers of ownership, leases, mortgages and easements over land
  • application by adverse possessor
  • trusts, deceased estates and bankruptcy
  • writs of execution
  • caveats
  • powers of attorney
  • settlement notices
  • instruments and documents and dealings with land
  • covenants
  • building management statements
  • profits a prendre
  • community title schemes
  • standard term documents
  • carbon abatement interests

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Publications Details

A wide range of publications are commercially available relating to many aspects of land titling law and practice.

Regulated registry forms and guides to completion of the forms as well as the Land Title Practice Manual and the Registrar's Directions for the Preparation of Plans are available on the department's website.


Lodgement

Comply

Compliance Mechanisms and Penalties

Documentation lodged for registration in the registry must satisfy legislative and titling practice requirements before the transaction can be registered on title. Failure to meet these standards results in the issue of a requisition notice to the lodger to address any shortcomings. A regulated requisition fee is payable when the documentation is returned to the registry for re examination. The fee helps cover the department's additional processing costs and is not a penalty.


Additional information

Registry staff do not provide customers legal advice. For such advice customers must engage the services of a qualified legal practitioner or contact the Queensland Law Society for further information.

Information about registry processes under the Act (but not legal advice) or clarification on related issues can be obtained by calling the Brisbane telephone enquiry service or by visiting one of the regional offices.

Appeal

Appeal process

Lodgement

Review or Appeal Mechanisms

Decisions of the Registrar of Titles (and delegates of the Registrar) are subject to judicial review and appeals may be made to the Supreme Court.


Administering agency

Department of Natural Resources and Mines
Service Delivery
Titles Registry

Regulation(s) name

Land Title Regulation 2015 (Queensland)

Contact details

Department of Natural Resources and Mines
Service Delivery
Titles Registry


Phone:

13 QGOV (13 74 68)
titlesinfo@dnrm.qld.gov.au

Website:

Department of Natural Resources and Mines contact list Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.