Land Title Act 1994 - Queensland

Description

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.

Regulation(s) name

Land Title Regulation 2015 QLD

Publications Details process

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 process

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 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

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.

Titles Registry

Service Delivery

Department of Natural Resources and Mines

Phone: 13 QGOV (13 74 68)
Email: titlesinfo@dnrm.qld.gov.au
Website: Department of Natural Resources and Mines contact list (Opens in new window)