What it does
The Land Title Act 1994 is the principal statute establishing and regulating the Torrens title system for freehold land in Queensland. Its core function is to provide a definitive, State-guaranteed public record of ownership and interests in land. Section 3 states the object as consolidating and reforming the law about registration of freehold land and interests in freehold land. In particular, it defines the rights of persons with an interest in registered freehold land (s 3(a)), continues and improves the system for registering title to and transferring interests (s 3(b)), defines the functions and powers of the registrar of titles (s 3(c)), and assists the keeping of the registers by authorising information technology (s 3(d)).
The Act achieves these objects through a series of interlocking mechanisms. First, it mandates the creation and maintenance of the freehold land register (s 27) and other registers forming the land registry (s 7). The register records the particulars necessary to identify every lot brought under the Act, every registered interest, the names of current and previous registered proprietors, the date of birth of any minor proprietor, and the lodgement and registration details of all instruments (s 28(1)). The registrar may also record any additional information considered necessary to ensure the register is accurate, comprehensive and usable (s 29) and may remove material no longer required provided no prejudice is caused (s 29A).
Registration itself is the central act. An instrument is registered when the registrar records in the freehold land register the particulars necessary to identify it (s 173). From the moment of lodgement the instrument forms part of the register for priority purposes (s 175). Once registered, the instrument operates as a deed (s 176) and, subject to the exceptions in s 185, confers on the registered proprietor an indefeasible title free of all unregistered interests (ss 37, 38, 184). The Act therefore implements the mirror, curtain and insurance principles that characterise the Torrens system: the register mirrors title, the curtain hides unregistered interests, and the State insures against loss caused by registration errors or fraud (subject to the limits in ss 188–189).