QLDIn ForceAct
Land Title Act 1994
sec.98Application may not be made about particular matters
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### sec.98 Application may not be made about particular matters
An application may not be made under this division if the application—
relates to only a part of a lot; or
is for a lot that may be created in the future by the registration of a plan of subdivision; or
is for a lot the registered owner of which is—
the State or another entity representing the State; or
a local government; or
relates to possession arising out of an encroachment.
In this section—
encroachment means—
an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or
the enclosure of a part of a lot with another lot, if—
the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and
the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.
s 98 sub 2005 No. 68 s 81
amd 2023 No. 27 s 289 sch 3
(sec.98-ssec.1) An application may not be made under this division if the application— relates to only a part of a lot; or is for a lot that may be created in the future by the registration of a plan of subdivision; or is for a lot the registered owner of which is— the State or another entity representing the State; or a local government; or relates to possession arising out of an encroachment.
(sec.98-ssec.2) In this section— encroachment means— an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or the enclosure of a part of a lot with another lot, if— the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.
- (a) relates to only a part of a lot; or
- (b) is for a lot that may be created in the future by the registration of a plan of subdivision; or
- (c) is for a lot the registered owner of which is— (i) the State or another entity representing the State; or (ii) a local government; or
- (i) the State or another entity representing the State; or
- (ii) a local government; or
- (d) relates to possession arising out of an encroachment.
- (i) the State or another entity representing the State; or
- (ii) a local government; or
- (a) an encroachment within the meaning of the Property Law Act 2023 , part 10 , division 3 ; or
- (b) the enclosure of a part of a lot with another lot, if— (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.
- (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and
- (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.
- (i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and
- (ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.