Land Title Act 1994

The Act has a wide reach. Its primary audience comprises:

• Registered proprietors and prospective purchasers. Any person who owns, buys or sells freehold land is directly affected. The indefeasibility provisions (ss 37–38, 184) give the registered proprietor security against unregistered interests, while the priority rules (s 178) determine which competing claims succeed.

• Mortgagees and other secured lenders. Mortgagees must comply with the identity verification obligations in ss 11A and 11B. A failure to do so can deprive the mortgagee of the protection of indefeasibility (s 185(1A)). Registered mortgages give the mortgagee the statutory powers in s 78, including the power of sale.

• Lessees and lessors. Leases are created by registration (s 64). The Act regulates execution (s 11), amendment (s 67), surrender (s 69), re-entry (s 68) and the liability of mortgagees in possession (s 80). Short leases are an exception to indefeasibility (s 185(1)(b)).

• Developers and bodies corporate. Part 6A contains a comprehensive code for community titles schemes. Developers must comply with the rules on creation of lots, common property and community management statements (ss 49A–49D, 115K). Bodies corporate are treated as the registered owner for dealings with common property (s 41C).

• Surveyors and cadastral professionals. Plans of subdivision must be certified by a cadastral surveyor (s 50(1)(g)) and comply with the Survey and Mapping Infrastructure Act 2003. The registrar may pre-examine plans before lodgement (s 18A).

• Legal practitioners and conveyancers. Practitioners must ensure instruments are in the appropriate form (s 10), executed correctly (s 11) and, in the case of mortgages, that identity verification has occurred. They also witness instruments (s 162) and may be liable for negligence that causes loss compensable under s 188A.

• The registrar and titles registry operator. The registrar (s 6) and, where functions are delegated, the titles registry operator (s 9) are subject to the statutory duties and powers set out throughout the Act. The operator is subject to statutory conditions when performing delegated functions (s 9(2)–(4)).

• The State, local governments and public utility providers. The Act binds the State and, so far as the legislative power of the Parliament permits, the Commonwealth, other States and Territories (s 5). Public utility providers may obtain public utility easements (s 89) and are protected by specific indefeasibility exceptions (s 185(1)(h)–(j)).

• Adverse possessors. Part 6, Division 5 allows a person in adverse possession to apply to be registered as owner. The process involves public notice (s 18(3)), caveats by interested parties (s 104) and possible referral to the Supreme Court.

• Caveators. Any person claiming an interest may lodge a caveat (s 122). The Act regulates lapsing (s 126), withdrawal (s 125), removal by court order (s 127) and compensation for improper caveats (s 130).

• Insurers and lenders relying on title. Title insurance and lending decisions are predicated on the accuracy of the register. The compensation provisions (ss 188–189) provide a statutory safety net, subject to the exclusions in s 189.

In practice, almost every participant in the Queensland land market is affected. The Act’s procedural and substantive rules shape the due-diligence steps that must be taken, the form of contracts that are used, the identity verification processes that are followed, and the risk allocations that are accepted.

The Act creates a dense web of duties and rights. Only the most significant can be summarised here.

Registrar’s duties and powers. The registrar must keep the land registry (s 7(1)) and the freehold land register (s 27). The registrar must register an instrument that complies with the Act and is not inconsistent with another Act or law (s 30(1)). The registrar may correct the register if satisfied it is incorrect and the correction will not prejudice the holder of an interest (s 15(1)), or in certain cases even if prejudice would occur (s 15(3)). The registrar may conduct inquiries into fraud or error (s 19) and must observe natural justice (s 20). The registrar must give public notice of certain applications (s 18(3)) and may prepare and register protective caveats (s 17).

Registered proprietor’s rights. A registered proprietor holds an indefeasible title subject only to registered interests and the exceptions in s 185 (s 184). The proprietor may deal with the lot free of unregistered interests of which the proprietor has no actual or constructive notice (s 184(2)(a)). The proprietor may compel registration of an instrument that has been executed and lodged if all other statutory requirements are met (s 183).

Mortgagee’s duties and rights. An original mortgagee must take reasonable steps to verify the mortgagor’s identity before lodging the mortgage (s 11A(2)). A transferee of a mortgage must take similar steps (s 11B(2)). Both must keep records for seven years and produce them to the registrar on request (ss 11A(4)–(6), 11B(4)–(6)). Failure to comply can result in loss of indefeasibility (s 185(1A)). A registered mortgagee has the statutory powers of a mortgagee under the Property Law Act 2023, Part 8 (s 78), including the power of sale.

Caveator’s rights. Any person claiming an interest may lodge a caveat (s 122(1)(a)). The caveat prevents registration of instruments affecting the lot until it lapses, is withdrawn, removed or cancelled (s 124(1)). A caveatee may require the caveator to commence proceedings to substantiate the claimed interest (s 126(2)(a)). The Supreme Court may order removal of a caveat (s 127).

Body corporate’s rights and duties. For common property in a community titles scheme the body corporate is taken to be the registered owner for the purpose of dealings with the fee simple interest (s 41C(3)(a)). The body corporate must consent to the recording of a new community management statement (s 115K(1)(d)). The body corporate is bound by a registered building management statement (s 54I(2)).

Witness’s duties. A person who witnesses an individual’s execution of an instrument must take reasonable steps to verify the individual’s identity, ensure the individual is the person entitled to sign, have the instrument executed in the witness’s presence, and not be a party to the instrument (s 162(1)). The witness must keep records for seven years and produce them to the registrar on request (s 162(3)–(5)). Penalty for non-compliance is 20 penalty units.

Applicant for adverse possession. An adverse possessor may apply to be registered as owner (s 99). The applicant must give public notice (s 18(3)) and may be required to satisfy the registrar that the applicant has been in continuous adverse possession for the limitation period.

State’s rights. The State is bound by the Act (s 5). The State is liable to pay compensation for certain losses (ss 188, 188A) but is subrogated to the claimant’s rights against third parties (s 190). The State may acquire, hold and deal with lots (s 48).

Public utility providers. A public utility provider may obtain a public utility easement without nominating benefited land (s 89(1)). The owner of the burdened lot may recover a reasonable contribution to maintenance costs (s 85B(2)).

These duties and rights are not exhaustive but illustrate the balance the Act strikes between certainty, administrative efficiency, fraud prevention and the protection of vulnerable interests.

The Act contains relatively few offence provisions, reflecting its primary character as a registration statute rather than a regulatory one. The main penalties are:

• Using a form other than the appropriate form when one exists – 20 penalty units (s 14).
• Failure by an original mortgagee or mortgage transferee to take reasonable identification steps, keep records or comply with a registrar’s request for information – 20 penalty units (ss 11A(4), 11A(6), 11B(4), 11B(6)).
• Failure by a witness to an individual’s execution to comply with the obligations in s 162(1) or to respond to a registrar’s request – 20 penalty units (s 162(5)).
• Offences by witnesses at a registrar’s inquiry (failure to attend, refusal to be sworn, refusal to answer questions or produce documents) – 35 penalty units (s 24).

Enforcement is primarily administrative rather than criminal. The registrar may:

• refuse to register non-compliant instruments (s 30(1));
• issue requisitions requiring re-execution, correction or further information (s 156);
• reject instruments that are not capable of registration (s 157);
• cancel or withdraw caveats (ss 125, 128);
• remove lapsed priority notices (s 145);
• correct the register (s 15);
• conduct inquiries into fraud or error (s 19);
• refer matters to the Supreme Court (ss 25–26).

The Supreme Court may order removal of caveats (s 127), make orders about fraud and competing interests (s 187), and direct the registrar to take specified action (s 188B). Compensation is available from the State for certain losses (ss 188, 188A), subject to the exclusions in s 189 and the limitation period in s 188C.

The Act therefore relies on a mixture of strict registration requirements, administrative sanctions, civil remedies and a limited compensation scheme rather than heavy criminal penalties. The identity-verification offences (ss 11A, 11B) are the most significant recent addition, reflecting concern about mortgage fraud.

The Act is not a code. It constantly refers to, and must be read with, a large number of other statutes.

Body Corporate and Community Management Act 1997 (BCCM Act). Part 6A is unintelligible without the BCCM Act. Terms such as “scheme land”, “body corporate”, “common property” and “community management statement” are defined by reference to the BCCM Act (s 4A). The creation, amendment and termination of community titles schemes are regulated by both Acts (ss 115A–115X). Statutory easements for support, shelter, projections and services are implied by the Land Title Act but operate within the BCCM Act framework (ss 115N–115S).

Planning Act and Economic Development Act 2012. Subdivision of land requires approval by the relevant planning body (s 50(1)(h)–(i)). The Act cross-refers to development approvals, priority development areas and State development areas (ss 50(6), 54(6), 65(3A)). Public utility easements and public thoroughfare easements must comply with local government or State infrastructure rules (s 89(4)–(7)).

Property Law Act 2023. Registered mortgages confer the powers contained in Part 8 of that Act (s 78). The Supreme Court’s powers to modify or extinguish easements and covenants (s 92, s 97DA) are preserved. The Act also interacts with the rules on execution of deeds and powers of attorney.

Survey and Mapping Infrastructure Act 2003 and Surveyors Act 2003. Plans of subdivision must comply with the Survey and Mapping Infrastructure Act and be certified by a cadastral surveyor (s 50(1)(f)–(g)). The registrar may pre-examine plans (s 18A).

Electronic Conveyancing National Law (Queensland). The Act contains numerous provisions accommodating electronic conveyancing (ss 10(5), 11(3), 12(2), 14A–14D). Electronic conveyancing documents must be digitally signed in accordance with that Law (s 14C). The registrar may rely on certifications made under the participation rules (s 14D).

Limitation of Actions Act 1974. Adverse possession applications turn on the limitation period prescribed by that Act (s 99). A caveator may lose the right to object if the caveator’s interest has been extinguished under the Limitation of Actions Act (s 105(1)(b)).

Powers of Attorney Act 1998 and Guardianship and Administration Act 2000. Powers of attorney must be registered before an instrument executed under them can be registered (s 132). The Act recognises the role of administrators and attorneys when a registered proprietor lacks capacity (s 137).

Public Records Act 2023. The registrar’s power to destroy instruments (s 166) is subject to that Act.

The Act also interacts with the Nature Conservation Act 1992 (consent to plans affecting conservation agreements – s 50(1)(k)), the Wet Tropics World Heritage Protection and Management Act 1993 (consent to plans affecting wet tropics land – s 50(1)(l)), the Foreign Ownership of Land Register Act 1988 (inclusion of the Foreign Ownership of Land Register in the land registry – s 7(2)(c)), and the Queensland Future Fund (Titles Registry) Act 2021 (delegation of functions to the titles registry operator – s 9).

The result is a highly interdependent statutory ecosystem. Practitioners must be familiar with the interlocking provisions of at least a dozen Acts to advise with confidence on any non-routine land transaction.

The Act has been amended frequently. The most significant recent changes include:

• Identity verification for mortgages (2005, expanded 2010–2024). Sections 11A and 11B were inserted in 2005 to combat mortgage fraud. Mortgagees and transferees must take reasonable steps to verify that the mortgagor is the registered proprietor. Reasonable steps include compliance with practices set out in the registrar’s manual (ss 11A(3), 11B(3)). Records must be kept for seven years. Non-compliance can result in loss of indefeasibility (s 185(1A)). The provisions were further strengthened in 2024 (ss 11A, 11B amended by the Land and Other Legislation Amendment Act 2024).

• Electronic conveyancing (2013–2020). The Electronic Conveyancing National Law (Queensland) was adopted in 2013. The Land Title Act was amended to recognise electronic conveyancing documents (ss 14A–14D), to permit electronic consents (s 12(2)–(4)), and to allow the registrar to rely on certifications made under the participation rules (s 14D, inserted 2020). The changes were driven by the desire to reduce paper-based delays and errors.

• High-density development easements (2013). Division 4AA (ss 93–96E) was inserted to facilitate zero-lot-line and high-density housing. It implies easements for support, shelter, projections, maintenance and roof-water drainage between adjoining small lots. The provisions were refined in 2014 and 2016 to clarify the circumstances in which such easements may be created (s 94(2)).

• Carbon abatement interests (2011). Part 6, Division 4C (ss 97N–97U) allows registration of interests in the economic benefits of carbon sequestration. The provisions were inserted to support emerging carbon markets while ensuring the register remains reliable.

• Priority notices (2017). Part 7A (ss 138–149) replaced the former settlement notice regime. Priority notices give a 60-day (extendable to 90-day) protected period for lodgement of related instruments. The change was designed to provide greater certainty in complex transactions.

• Building management statements (1997, expanded 2005–2009). Part 6, Division 4B (ss 54A–54J) allows registration of statements regulating the management of buildings on volumetric lots. Amendments in 2005, 2009 and 2023 clarified the relationship with the Building Act 1975 and the Property Law Act 2023.

• Registrar’s correction power (1997, expanded 2005 and 2019). Section 15 has been widened to allow correction even where prejudice would occur in limited cases (s 15(3)) and to permit removal of superfluous material (s 29A, inserted 2019).

These changes reflect three broad policy drivers: fraud prevention (identity verification), efficiency (electronic conveyancing and priority notices), and adaptation to new land-use patterns (community titles, high-density housing, carbon interests). Each amendment has been accompanied by consequential changes to cross-referenced legislation, illustrating the Act’s central place in Queensland’s land-law architecture.

The Act itself contains few direct references to litigation, but several of its provisions have generated significant case law and ongoing controversy.

The indefeasibility regime (ss 184–185) has been the subject of repeated judicial scrutiny. The fraud exception (s 184(3)(b)) requires actual fraud on the part of the registered proprietor. The courts have consistently held that mere notice of an unregistered interest, even coupled with sharp practice falling short of fraud, does not defeat indefeasibility. The statutory exceptions in s 185(1) (short leases, omitted easements, adverse possession, etc.) have also produced litigation about their precise scope. The interaction between s 185(1)(c) (omitted easements) and s 185(3)–(4) has required careful analysis of when an easement can be said to have been “omitted” from the register.

The registrar’s correction power (s 15) has been controversial. The power is discretionary and must be exercised having regard to the prejudice that would be caused. Courts have emphasised that the power is not a general curative jurisdiction; it cannot be used to rewrite history or to prefer one policy outcome over another where the register is otherwise accurate.

The identity-verification provisions (ss 11A–11B) are relatively new and have not yet produced reported appellate decisions. However, the potential loss of indefeasibility for non-compliance (s 185(1A)) is a significant risk for lenders. The requirement to keep records for seven years and to produce them on request has been criticised by some practitioners as an administrative burden, although the registrar’s manual provides detailed guidance on acceptable verification methods.

Adverse possession applications (Part 6, Division 5) continue to generate disputes. The requirement for public notice (s 18(3)) and the right of interested parties to object by caveat (s 104) have produced litigation about the adequacy of notice and the meaning of “adverse” possession. The Supreme Court’s supervisory role (ss 25–26, 187) has been invoked in several high-value claims.

Building management statements (Part 6, Division 4B) have been the subject of controversy about their interaction with the Building Act 1975 sustainability provisions (s 54DA) and the extent to which they can impose architectural and landscaping standards that bind successors in title (s 54C(2)).

The compensation scheme (ss 188–190) has been criticised for its exclusions (s 189) and the 12-year limitation period (s 188C). The State’s subrogation right (s 190) has produced disputes about the quantum of recovery when the State succeeds against a third party.

Overall, the Act has proved remarkably resilient. Most controversies have been resolved by incremental legislative amendment rather than wholesale replacement. The shift to electronic conveyancing and the introduction of statutory identity verification represent the most significant recent challenges to the traditional Torrens model. The courts have generally supported the policy of immediate indefeasibility while insisting that the fraud exception and the statutory exceptions in s 185 are applied according to their terms.

Most practitioners are aware of the core indefeasibility rule, but several less obvious traps remain.

First, the identity-verification obligations in ss 11A and 11B are strict. It is not enough to rely on a solicitor’s certificate or a title search. The mortgagee must take “reasonable steps” and must retain records for seven years. Non-compliance can result in the mortgage being postponed to later unregistered interests (s 185(1A)). The registrar’s manual contains detailed guidance, but the onus is on the mortgagee to prove compliance if challenged.

Second, the distinction between “omitted” and “misdescribed” easements (s 185(1)(c)) is technical. An easement that was never recorded at all when the burdened lot was first brought under the Act is omitted. An easement that was recorded but later removed by administrative error is also omitted. However, an easement that has been deliberately removed because it was thought to have been extinguished is not omitted. The difference can determine whether a purchaser takes free of the easement.

Third, priority notices (Part 7A) are not a universal panacea. A priority notice protects only the related instruments listed in it and only for the period stated. If a related instrument is not lodged in the exact order specified, the protection is lost. A later priority notice does not override an earlier one (s 140(3)). The 60-day (extendable to 90-day) period is shorter than many settlement periods, requiring careful diary management.

Fourth, the registrar’s power to correct the register (s 15) is broader than many realise. The registrar may correct errors even if the correction prejudices an interest holder if the Supreme Court has ordered the correction (s 15(3)(b)) or if the correction concerns an omitted easement (s 15(3)(a)). The power to remove superfluous material (s 29A) is also significant. A party who has relied on the continued presence of material on the register may find it suddenly gone.

Fifth, the compensation scheme (ss 188–189) contains numerous exclusions. No compensation is available for loss caused by a breach of trust (s 189(1)(a)), for loss fairly attributable to a mortgagee’s failure to verify identity (s 189(1)(ab)), or for loss caused by the claimant’s own fraud, neglect or wilful default (s 189(1)(b)). The 12-year limitation period (s 188C) runs from when the claimant becomes aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim. Many claimants discover the problem too late.

Sixth, community titles schemes are governed by a combination of the Land Title Act and the BCCM Act. A mistake in the community management statement (for example, an incorrect allocation of lot entitlements) can be extremely difficult to correct after registration. The requirement for body corporate consent to a new statement (s 115K(1)(d)) can give a minority of lot owners disproportionate leverage.

Seventh, the registrar may reject an instrument that is not capable of registration even if no requisition has been issued (s 157(6)–(8)). The rejection is not reviewable in the same way as a refusal after a requisition. The only remedy is to commence proceedings in the Supreme Court seeking a direction under s 26.

Eighth, the Act binds the State (s 5) but the State may still rely on the exceptions in s 185. A purchaser from the State does not obtain indefeasibility against an omitted easement or an adverse possessor unless the State itself would have been bound.

Ninth, the registrar’s practice manual (s 9A) is not subordinate legislation but has significant legal effect. Compliance with the manual is deemed to be reasonable steps for identity verification (ss 11A(3), 11B(3)). The manual is also admissible in court as evidence of accepted practice. Practitioners ignore it at their peril.

Tenth, the destruction of instruments (s 166) is subject to the Public Records Act 2023. However, once an instrument has been destroyed the only remaining record may be the registrar’s copy or the entry in the register. A party seeking to prove the precise terms of an old covenant or easement may find that the best evidence has disappeared.

These gotchas justify the continuing need for specialist land-title advice. The Act’s apparent simplicity masks a complex interplay of statutory exceptions, administrative discretions and practical risks that are not obvious to the casual user.

Compliance requires a systematic approach tailored to the role of the party.

For legal practitioners acting on a purchase or mortgage:

1. Conduct a full title search immediately before settlement, including all registered instruments, caveats, priority notices and the current community management statement (if applicable).
2. Verify the vendor’s or mortgagor’s identity in accordance with the registrar’s manual. Retain the verification material for seven years.
3. Ensure the instrument is in the approved form, correctly describes the lot and interest, and is executed in the presence of an eligible witness (s 162).
4. For mortgages, ensure the identity verification steps required by ss 11A or 11B have been completed before lodgement.
5. Lodge all related instruments in the exact order required by any priority notice.
6. If acting for a mortgagee, obtain the original certificate of title (if any) or a discharge of any prior mortgage before settlement.
7. After settlement, lodge the instrument promptly. Monitor the register for any requisitions (s 156) and respond within the time allowed.
8. Advise the client that registration, not settlement, is the moment at which legal title passes (s 181).

For surveyors and cadastral professionals:

1. Ensure every plan of subdivision complies with the Survey and Mapping Infrastructure Act 2003 and is certified accurate (s 50(1)(f)–(g)).
2. Clearly distinguish proposed lots, common property, roads, watercourses, easements and public use land (s 50(1)(a)–(e)).
3. Obtain all necessary approvals from the relevant planning body, the chief executive of the department administering the Nature Conservation Act 1992 (if applicable), and the Wet Tropics Management Authority (if applicable) before lodgement.
4. If the plan creates a building or volumetric format lot, ensure the boundaries are located at the centre of the relevant structural element unless the registrar has directed otherwise (s 49C(4)).
5. Deposit the plan for pre-examination if time permits (s 18A).

For bodies corporate and developers of community titles schemes:

1. Ensure the community management statement complies with the BCCM Act and is consistent with the plan of subdivision (s 115K).
2. Obtain the written consent of the body corporate to any new statement (s 115K(1)(d)).
3. When creating high-density development easements, ensure the two lots are adjoining, each has an area of 450 m² or less, and the physical configuration satisfies s 94(2)(a) or a relevant development approval exists.
4. Register building management statements only for volumetric or standard format lots that satisfy s 54B. The statement must address the mandatory matters in s 54C(1).
5. When terminating or amalgamating schemes, comply with the resolution and court-order requirements in ss 115U–115X and lodge the necessary plans and statements.

For the registrar and titles registry operator:

1. Maintain the land registry in a form that is accurate, comprehensive and usable (s 29(2)).
2. Record every instrument promptly and in the order of lodgement (s 177), subject to the limited exceptions in s 177(3).
3. Issue requisitions only for matters that genuinely require correction or further information (s 156).
4. Exercise the correction power (s 15) judiciously, having regard to prejudice and the statutory limits.
5. Publish the land title practice manual and keep it up to date (s 9A).
6. Ensure that any delegation to the titles registry operator is accompanied by appropriate subdelegations and conditions (s 9(2)–(3)).

General compliance tips for all parties:

• Use the registrar’s approved forms. Knowingly using a non-approved form is an offence (s 14).
• Retain all identity-verification records for seven years (ss 11A(4), 11B(4), 162(3)).
• Do not rely on a certificate of title as conclusive evidence; the register itself is the source of truth (s 179).
• If in doubt about whether an easement has been omitted, obtain a court declaration or registrar’s correction before completing the purchase.
• For complex transactions, consider lodging a priority notice to secure the lodgement sequence (Part 7A).
• Remember that registration, not settlement, is the critical act for passing legal title (s 181). Settlement is merely an equitable transaction until registration occurs.

By treating the register as the definitive record, complying with identity and execution requirements, and responding promptly to requisitions, parties can minimise the risk of loss, delay or litigation. The Act rewards diligence and penalises (through loss of priority or compensation rights) those who cut corners.