sec.185Exceptions to s 184

### sec.185 Exceptions to s 184 A registered proprietor of a lot does not obtain the benefit of section 184 for the following interests in relation to the lot— an equity arising from the act of the registered proprietor; the interest of a lessee under a short lease; the interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register; the interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor; the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot; the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner; the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest; the interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement in relation to the authority that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; the interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement in relation to the authority that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; the interest of a geothermal tenure holder under the Geothermal Energy Act 2010 under an access agreement in relation to the tenure that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor. For when an access agreement binds the registered proprietor of a lot, see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 79 . A registered proprietor of a lot (the relevant mortgagee ) who is recorded in the freehold land register as a mortgagee of the lot or an interest in the lot does not obtain the benefit of section 184 for the relevant mortgagee’s interest as mortgagee if— the relevant mortgagee— in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and the person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered. For subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) . Also, for subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) — was required as a supporting document for the instrument of mortgage or amendment of mortgage; and was required to be kept by the original mortgagee mentioned in section 11A (2) . The interest of the lessee under subsection (1) (b) does not include— a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term. For subsection (1) (c) , the particulars of an easement (the easement particulars ) are taken to have been omitted from the freehold land register only if— the easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or the easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or the instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered. Subsection (3) applies whether or not the lot has at any time been transferred or otherwise dealt with. If an issue arises in a proceeding as to whether a person registered as a mortgagee does not obtain the benefit of section 184 because of subsection (1A) , proof that the person complied with section 11A (2) or 11B (2) rests on the person. In this section— access agreement means an access agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 . extinguished includes surrendered. s 185 amd 2001 No. 57 s 7 ; 2004 No. 25 s 946 ; 2005 No. 68 s 101 ; 2009 No. 3 s 506 ; 2010 No. 12 s 196 ; 2010 No. 31 s 519 ; 2013 No. 17 s 48 ; 2024 No. 12 s 92 (sec.185-ssec.1) A registered proprietor of a lot does not obtain the benefit of section 184 for the following interests in relation to the lot— an equity arising from the act of the registered proprietor; the interest of a lessee under a short lease; the interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register; the interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor; the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot; the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner; the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest; the interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement in relation to the authority that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; the interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement in relation to the authority that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; the interest of a geothermal tenure holder under the Geothermal Energy Act 2010 under an access agreement in relation to the tenure that— was made before the registered proprietor became the registered proprietor of the lot; and under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor. For when an access agreement binds the registered proprietor of a lot, see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 79 . (sec.185-ssec.1A) A registered proprietor of a lot (the relevant mortgagee ) who is recorded in the freehold land register as a mortgagee of the lot or an interest in the lot does not obtain the benefit of section 184 for the relevant mortgagee’s interest as mortgagee if— the relevant mortgagee— in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and the person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered. (sec.185-ssec.1B) For subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) . (sec.185-ssec.1C) Also, for subsection (1A) (b) , a person was the mortgagor under an instrument of mortgage or amendment of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) — was required as a supporting document for the instrument of mortgage or amendment of mortgage; and was required to be kept by the original mortgagee mentioned in section 11A (2) . (sec.185-ssec.2) The interest of the lessee under subsection (1) (b) does not include— a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term. (sec.185-ssec.3) For subsection (1) (c) , the particulars of an easement (the easement particulars ) are taken to have been omitted from the freehold land register only if— the easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or the easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or the instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered. (sec.185-ssec.4) Subsection (3) applies whether or not the lot has at any time been transferred or otherwise dealt with. (sec.185-ssec.5) If an issue arises in a proceeding as to whether a person registered as a mortgagee does not obtain the benefit of section 184 because of subsection (1A) , proof that the person complied with section 11A (2) or 11B (2) rests on the person. (sec.185-ssec.6) In this section— access agreement means an access agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 . extinguished includes surrendered. - (a) an equity arising from the act of the registered proprietor; - (b) the interest of a lessee under a short lease; - (c) the interest of a person entitled to the benefit of an easement if its particulars have been omitted from, or misdescribed in, the freehold land register; - (d) the interest of a person who, on application, would be entitled to be registered as owner of the lot because the person is an adverse possessor; - (e) the interest of another registered proprietor making a valid claim under an earlier existing indefeasible title for all or part of the lot; - (f) the interest of another registered owner if there are 2 indefeasible titles for the same interest in the lot and the inconsistency has arisen through failure on transfer to cancel, wholly or partly, the indefeasible title of the first registered owner; - (g) the interest of another registered proprietor if the lot described in the indefeasible title wrongly includes land in which the other registered proprietor has an interest; - (h) the interest of a petroleum authority holder under the Petroleum and Gas (Production and Safety) Act 2004 under an access agreement in relation to the authority that— (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; - (i) was made before the registered proprietor became the registered proprietor of the lot; and - (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; - (i) the interest of a GHG authority holder under the Greenhouse Gas Storage Act 2009 under an access agreement in relation to the authority that— (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; - (i) was made before the registered proprietor became the registered proprietor of the lot; and - (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; - (j) the interest of a geothermal tenure holder under the Geothermal Energy Act 2010 under an access agreement in relation to the tenure that— (i) was made before the registered proprietor became the registered proprietor of the lot; and (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor. - (i) was made before the registered proprietor became the registered proprietor of the lot; and - (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor. - (i) was made before the registered proprietor became the registered proprietor of the lot; and - (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; - (i) was made before the registered proprietor became the registered proprietor of the lot; and - (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor; - (i) was made before the registered proprietor became the registered proprietor of the lot; and - (ii) under the Mineral and Energy Resources (Common Provisions) Act 2014 , binds the registered proprietor. - (a) the relevant mortgagee— (i) in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and - (i) in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or - (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and - (b) the person who was the mortgagor under the instrument of mortgage or amendment of mortgage was not the person who was, or who was about to become, the registered proprietor of the lot or the interest in a lot for which the instrument was registered. - (i) in relation to the instrument of mortgage or amendment of mortgage, failed to comply with section 11A (2) ; or - (ii) in relation to a transfer of the instrument of mortgage, failed to comply with section 11B (2) ; and - (a) was required as a supporting document for the instrument of mortgage or amendment of mortgage; and - (b) was required to be kept by the original mortgagee mentioned in section 11A (2) . - (a) a right to acquire the fee simple or other reversionary interest on or after ending of the short lease; or - (b) a right to renew or extend the term of the short lease beyond 3 years from the beginning of the original term. - (a) the easement was in existence when the lot burdened by it was first registered, but the easement particulars have never been recorded in the freehold land register against the lot; or - (b) the easement particulars have previously been recorded in the freehold land register, but the current particulars in the freehold land register about the lot do not include the easement particulars, other than because the easement has been extinguished in relation to the lot; or - (c) the instrument providing for the easement was lodged for registration but, because of an error of the registrar, has never been registered.