Land Title Act 2000

Indefeasible title is the core concept: a registered proprietor holds an interest in a lot subject only to registered interests affecting the lot and free from all other interests, and is not affected by actual or constructive notice of unregistered interests (s 188(1), (2)). However, indefeasibility does not apply to interests described in s 189, including an equity arising from the act of the registered proprietor, the interest of a lessee in actual possession under a short lease (term of three years or less), the interest of a person entitled to the benefit of an easement omitted from the register, and cases of double titles or boundary errors. Fraud by the registered proprietor also defeats indefeasibility (s 188(3)(b)). Since the Land Legislation Amendment Act 2023, a mortgagee who fails to comply with identity verification requirements (s 78A or s 81A) does not obtain the benefit of indefeasibility for that mortgage interest if the mortgagor was not the correct registered proprietor (s 189(1A), (1B)). The land register comprises particulars, registered instruments, and lodged documents (s 6(2)). The Act distinguishes between a "registered owner" (holder of fee simple or Crown lease) and a "registered proprietor" (any person recorded as a proprietor) (s 4). A mortgage operates only as a charge on the lot, not a transfer of legal title (s 76). An electronic conveyancing document is a document lodged electronically under the Electronic Conveyancing National Law (NT) (s 15B). A client authorisation is a document authorising a law practice, legal practitioner, or conveyancing agent to execute instruments or do things on behalf of a client (s 4). Verification of identity requirements must be complied with for parties to instruments and persons executing documents (s 197B). The Registrar-General may issue directions (s 210) and verification of authority guidelines (s 210A). A caveat prevents registration of other instruments affecting the lot from the time of lodgment (s 140). A short lease (three years or less) that is unregistered nevertheless operates as a lease at law between the parties (s 73). The Act abolishes the ability to acquire title by adverse possession (s 198) and prohibits registration of a lis pendens (s 199). A vendor does not have an equitable lien (s 197).

The Act affects any person who owns, deals with, or claims an interest in land in the Northern Territory that is under the Torrens system. This includes individuals, corporations, trustees, personal representatives, mortgagees, lessees, caveators, and the Crown. Registered proprietors are the primary beneficiaries of indefeasibility, but they are also subject to the duties and liabilities imposed by the Act. Mortgagees face specific identity verification obligations (s 78A, 81A) and may lose indefeasibility if they fail to verify the mortgagor's identity (s 189(1A)). Mortgagees also have powers of sale under Part 7 of the Law of Property Act 2000 (s 80). Lessees under a registered lease are protected, but unregistered short leases are valid at law only between the parties (s 73). Legal practitioners and conveyancing agents are directly affected by Part 10A: they must obtain a properly completed client authorisation before executing instruments on behalf of a client, verify the client's identity in accordance with the verification of identity requirements, and follow the verification of authority guidelines (s 197G). They must retain the client authorisation for seven years after last use (s 197H). The Registrar-General is a key actor with extensive powers and duties; the Act also affects employees of the Land Titles Office and the Territory, which may be liable for compensation under ss 192-193. Local government bodies and other statutory authorities may lodge caution notices (s 34) and have access to information under agreements with the Registrar-General (s 205). Persons claiming an interest in land may lodge a caveat (s 138). Those who suffer loss or damage due to incorrect registration or fraud may claim compensation from the Territory (s 192, 193). The Act also affects persons involved in unit title schemes (Part 4, Division 4), developments (Division 5), and subdivisions and consolidations (Division 3). Bankrupts and their trustees are affected by provisions on transmission and disclaimer (s 64A, 72, 131). Minors and persons lacking capacity are protected through provisions allowing others to act on their behalf (s 150, 151). The Act binds the Crown, including the Commonwealth so far as the legislative power of the Territory permits (s 5).

The Registrar-General must keep the land register (s 6), register eligible instruments (s 173), give each instrument a distinguishing reference (s 174), and issue a registration statement (s 176). The Registrar-General may correct the register if satisfied it is incorrect and the correction will not prejudice registered interests, subject to notice and court restraint (s 17). The Registrar-General may also prepare and lodge a caveat to protect vulnerable persons or prevent fraud (s 18), conduct inquiries (s 20-26), and issue substitute instruments (s 161). A person who lodges an instrument has a right to have it registered if it complies with the Act (s 152, 173). Upon registration, the interest transfers or creates in accordance with the instrument (s 185). A transferee has a right to have the instrument registered if executed and lodged (s 186). A registered proprietor holds the interest free from all unregistered interests except those listed in s 189. A person may search the land register and obtain copies on payment of a fee (s 32). A person claiming an interest may lodge a caveat (s 138) and may be entitled to compensation for improper caveat (s 146). Mortgagees have the powers of a mortgagee under the Law of Property Act 2000 (s 80) and may sell the lot under power of sale; on sale, the transferee takes free from lower-priority interests (s 81). Mortgagees must verify the identity of the mortgagor before registration (s 78A(2)) and keep records for seven years (s 78A(7)). Breach is an offence. Similarly, a mortgage transferee must take reasonable steps to verify the mortgagor's identity (s 81A). A lessor may re-enter and register re-entry (s 70). A lessee may surrender a lease only with consent of mortgagees and sublessees (s 71). A person who suffers deprivation of a lot due to fraud, incorrect registration, or an error in the register is entitled to compensation from the Territory (s 192). Loss or damage from reliance on an incorrect register may also be compensable (s 193). The Territory is subrogated to the person's rights against the wrongdoer (s 196). Witnesses to instruments have a duty to take reasonable steps to ensure the person is entitled to sign and to witness in the person's presence (s 160). Legal practitioners and conveyancing agents must not execute an instrument on behalf of a party without a properly completed client authorisation (s 197G). A person who fails to provide an address for service must update the register (s 15). Persons who lodge instruments must respond to requisitions (s 155). A vendor who executes an instrument for valuable consideration must do everything necessary to give effect to the terms (s 166).

The Act creates several criminal offences with specified penalties. A witness who fails to comply with a notice to attend an inquiry or who refuses to answer a question commits an offence; maximum penalty 100 penalty units, strict liability, with a defence of reasonable excuse (s 25). An original mortgagee who fails to verify the identity of the mortgagor before registration commits an offence; maximum penalty 200 penalty units, strict liability, with a defence of reasonable steps and due diligence (s 78A(4)-(6)). Failure to keep records for seven years is an offence with a maximum penalty of 50 penalty units (s 78A(8)-(10)). Failure to respond to a Registrar-General's request for information about identity verification steps attracts a maximum penalty of 20 penalty units (s 78A(11)-(14)). Similar offences apply to a mortgage transferee under s 81A. A legal practitioner or conveyancing agent who intentionally executes an instrument on behalf of a party without a properly completed client authorisation, or without verifying identity, or without verifying authority, commits an offence; maximum penalty 200 penalty units, with recklessness as a fault element for the lack of authorisation or verification, and strict liability as to their professional status (s 197G). A person who fails to retain a client authorisation for seven years commits an offence; maximum penalty 200 penalty units, strict liability, with defences of reasonable steps or circumstances beyond control (s 197H). Failure to provide a standard terms document to other parties before execution is an offence with a maximum penalty of 20 penalty units, strict liability (s 172). Enforcement mechanisms include the Registrar-General's power to hold inquiries (s 20-26), which can lead to correction of the register, orders to produce instruments, referral to the police, or lodging a caveat (s 26). If a person fails to attend or answer questions at an inquiry, the Registrar-General may apply to NTCAT for a compliance order (s 27). The Registrar-General may also refer any matter to the Supreme Court for directions or a case stated (s 28). A person aggrieved by a decision of the Registrar-General (except for certain decisions) may apply to NTCAT for review (s 197J). The Supreme Court may make orders about fraud or competing interests (s 191) and about compensation (s 194). The Act also provides for compensation for loss due to incorrect registration, with the Territory bearing liability (ss 192-195). The Territory may subrogate against the person responsible (s 196). Caveators are potentially liable for compensation without reasonable cause (s 146).

The Act explicitly provides that if there is an inconsistency between a provision of this Act and a provision of the Law of Property Act 2000, this Act prevails (s 3(2)). Many parts of the Law of Property Act 2000 are incorporated by reference: the powers of a mortgagee are those under Part 7 of that Act (s 80), easements and covenants are defined by reference to Divisions 2 and 4 of Part 9 of that Act (s 4 definitions), and Divisions 1, 2, 3 and 5 of Part 9 of that Act apply to registered easements and easements in gross (s 100). Covenants are also governed by Divisions 1, 4 and 5 of Part 9 of the Law of Property Act 2000 (s 114). Foreclosure orders are made under that Act (s 85). The Planning Act 1999 is relevant for subdivision and consolidation approvals (s 52(2)(b)), and development permits are required. The Unit Title Schemes Act 2009 is heavily integrated: Division 4 of Part 4 deals with unit title schemes, including registration of scheme statements (s 54A-54F), and the Act relies on definitions from that Act for terms such as "body corporate", "scheme", "scheme statement", etc. The Termination of Units Plans and Unit Title Schemes Act 2014 is referenced in Division 5 of Part 4 for termination of developments (s 54G). The Electronic Conveyancing National Law (NT) is adopted for electronic conveyancing documents (s 15B), client authorisations under that Law (s 4 definition of client authorisation), and the Registrar-General may rely on certifications under that Law for registration (s 15D). The Criminal Code applies to all offences under the Act (s 5A). The Registration Act 1927 establishes the Land Titles Office and regulates prescribed fees (s 4). The Agents Licensing Act 1979 defines conveyancing agents (s 4). The Powers of Attorney Act 1980 governs registration of powers of attorney (s 148). The Advance Personal Planning Act 2013 is referenced for decision makers and the Advance Personal Planning (Part 4A) Register (s 149). The Licensed Surveyors Act 1983 governs plans of survey (s 4 definition). The Native Title Act 1993 (Cth) is relevant for indigenous land use agreements and the non-extinguishment principle (s 48). The Bankruptcy Act 1966 (Cth) is referenced for transmission and disclaimer (s 64A, 72, 131). The Associations Act 2003 defines prescribed property for statutory restrictions (s 35). The Electronic Transactions (Northern Territory) Act 2000 is relevant for electronic lodgment other than under the Electronic Conveyancing National Law (s 11(3), 15B(2)). Transitional provisions preserve the operation of certain sections of the repealed Real Property Act 1886 for existing mortgages, leases, and caveats (s 218). The Act also provides for reciprocal arrangements with other Commonwealth jurisdictions (s 208, 209).

The Land Title Act 2000 (Act No. 2, 2000) commenced on 1 December 2000. It has been amended by numerous Acts. Major amendments include: the Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008), which substantially revised provisions on subdivisions, consolidations, easements, and covenants, and commenced in stages in 2009. The Unit Title Schemes Act 2009 (Act No. 14, 2009) added Division 4 to Part 4, dealing with unit title scheme registration, with staged commencement between 2009 and 2010. The Electronic Conveyancing (National Uniform Legislation) Act 2013 (Act No. 13, 2013) inserted provisions accommodating electronic conveyancing documents. The Termination of Units Plans and Unit Title Schemes Act 2014 (Act No. 48, 2014) added Division 5 on termination of developments, commencing 1 January 2015. The Land Title Amendment Act 2021 (Act No. 14, 2021) made various amendments to objects, definitions, and register provisions. The most significant recent amendment is the Land Legislation Amendment Act 2023 (Act No. 3, 2023), which commenced on 2 January 2024. This introduced the Criminal Code application (s 5A), electronic conveyancing document provisions (ss 15A-15D), the new Part 10A on client authorisation (ss 197A-197H), identity verification requirements for mortgagees (ss 78A, 81A), the power to cancel registration of a mortgage where identity verification failed (s 85A), the ability to remove particulars from the register (s 31A), search fee provisions for subpoenas (s 32A), updated offence provisions for witness and standard terms offences, and NTCAT review of Registrar-General decisions (s 197J). The Justice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024) made changes to s 54G. The Attorney-General Legislation Amendment Act 2025 (Act No. 14, 2025) amended s 44 regarding certificates as to title, commencing 1 August 2025. The Act also underwent general formal amendments through the Interpretation Legislation Amendment Act 2018 and periodic statute law revision Acts.

The Act itself does not reference any specific case law. The litigation history under this Act would typically involve disputes over indefeasibility, fraud, caveats, and compensation. The Supreme Court of the Northern Territory has jurisdiction to make orders about fraud and competing interests (s 191), to order compensation (s 194), and to give directions on matters referred by the Registrar-General (s 28). The Northern Territory Civil and Administrative Tribunal (NTCAT) may review decisions of the Registrar-General under s 197J, except for decisions under ss 27, 28, 190, 191, or 194. The s 188 indefeasibility provisions replicate standard Torrens principles subject to the fraud exception and the exceptions listed in s 189. The compensation provisions in ss 192-195 provide a statutory framework for claims against the Territory for loss due to incorrect registration, fraud, or errors. The improper caveat compensation provision in s 146 reverses the burden of proof: a person who lodges or continues a caveat without reasonable cause must compensate anyone who suffers loss, and it is presumed the caveat was lodged without reasonable cause unless the caveator proves otherwise. The Supreme Court may also award exemplary damages (s 146(2)). Section 189(1A) is a recent addition creating a new exception to indefeasibility for mortgagees who fail to verify identity, which may generate litigation around the scope of "reasonable steps" and "due diligence" defences in ss 78A and 81A. The Act preserves certain provisions of the Real Property Act 1886 for existing interests (s 218), which may affect litigation regarding pre-commencement mortgages, leases, and caveats. The Registrar-General's power to correct the register under s 17 is subject to notice and the possibility of Supreme Court restraint (s 17(7)). A person affected by a correction under s 190 may apply to the Supreme Court within one month (s 190(3)). The Act also provides that the particulars recorded in the land register are conclusive evidence of registration and contents of an instrument (s 182). The limitation on adverse possession (s 198) means that claims based on long possession cannot succeed against registered owners.

Practitioners should be alert to several traps. First, adverse possession does not apply: no matter how long a person occupies land without title, they cannot acquire rights against the registered owner (s 198). Second, a lis pendens cannot be registered (s 199). Third, a vendor of a lot does not have an equitable lien for unpaid purchase price (s 197). Fourth, an unregistered lease for three years or less operates as a lease at law between the parties but may be subject to defeat by a later registered interest if not protected by caveat (s 73; cf s 189(1)(b) which protects the lessee in actual possession from indefeasibility). Fifth, a mortgage operates only as a charge, not a transfer (s 76). Sixth, the mortgagee verification obligations under ss 78A and 81A carry criminal penalties and, critically, failure to comply can result in loss of indefeasibility for the mortgage under s 189(1A) if the mortgagor was not the correct registered proprietor. This is a significant risk for lenders. Seventh, a caveat lapses automatically 14 days after the caveatee serves a notice requiring the caveator to start proceedings, or three months after lodgment, whichever is earlier, unless the caveator notifies the Registrar-General of proceedings (s 142). Eighth, a further caveat on the same or substantially the same grounds cannot be lodged without the Supreme Court's leave (s 145). Ninth, a client authorisation must be retained for seven years after last use; failure is an offence (s 197H). Tenth, a legal practitioner or conveyancing agent who executes an instrument on behalf of a party without a properly completed client authorisation commits an offence (s 197G). Eleventh, the Registrar-General may correct the land register without notice if the correction will not prejudice rights, and a person who had actual or constructive knowledge of the incorrectness cannot later complain (s 17(5)). Twelfth, a person who consents to a plan of subdivision may find that their rights are affected; if they fail to ensure their address for service is accurate, they are taken to have contributed to their loss (s 52(9)). Thirteenth, a statutory charge may be removed after five years if the beneficiary fails to respond to a notice (s 90). Similarly, a registered easement or covenant that has existed for more than five years may be removed if the beneficiary does not give notice (s 98, 112). Fourteenth, a transferee of a mortgaged lot is liable to comply with the mortgage and to indemnify the transferor (s 63). Fifteenth, a caveat lodged by the Registrar-General under s 18 is not subject to the usual lapsing provisions (s 142(1)(d)). Finally, an electronic conveyancing document that is rejected cannot be re-lodged (s 156(4)).

To comply with the Land Title Act 2000, persons dealing with land should follow several practical steps. Ensure all instruments are in the appropriate form (s 7) and are validly executed. For natural persons, execution must be witnessed by a person listed in Schedule 1 (s 159). For corporations, execution must comply with s 48 of the Law of Property Act 2000 or other permitted methods (s 159(1)). If using electronic conveyancing, the instrument must be an electronic conveyancing document lodged under the Electronic Conveyancing National Law (NT) and digitally signed (s 15C). A legal practitioner or conveyancing agent acting for a party must obtain a properly completed client authorisation before executing any instrument (s 197G) and must verify the client's identity in accordance with the verification of identity requirements prescribed under s 197B. They must also follow the verification of authority guidelines (s 210A). The client authorisation must be retained for seven years after the last use (s 197H). Mortgagees must, before registration, ensure the person who is the mortgagor under the instrument is identical to the person who is or is about to become the registered proprietor (s 78A). They must keep a written record of the steps taken for seven years and produce it to the Registrar-General on request. A transferee of a mortgage must take reasonable steps to verify that the mortgagor under the original mortgage was the correct registered proprietor at the time of that mortgage (s 81A). Similar record-keeping and production obligations apply. The standard terms document must be provided to all other parties before the instrument is executed (s 172). An address for service must be specified in the instrument and kept current (s 15). When lodging an instrument, all required consents (e.g., mortgagee consent to lease, s 67) must be included (s 11). For a transfer, the value of the lot and details of consideration must be included unless waived (s 61). For a lease of part of a lot, a sketch plan or plan of survey may be required (s 66). A plan of subdivision or consolidation must show easements, covenants, and have consents of all registered owners and mortgagees (s 52). Any person who lodges a caveat should ensure it states the grounds clearly and note that it will lapse unless proceedings are started (s 142). A person who withdraws a caveat must lodge a request to withdraw (s 141). The prescribed fees must be paid (s 16). The Registrar-General's directions under s 210 must be complied with unless dispensed with. Any person who receives a requisition must comply within the time stated or the instrument may be rejected and lose priority (s 155-156). Records of dealings and identity verification steps should be retained in accordance with the Act. Finally, if a person suffers loss due to incorrect registration or fraud, they should consider applying to the Supreme Court for compensation or seeking review of Registrar-General decisions to NTCAT (s 197J).