What it does
The Land Title Act 2000 consolidates and reforms the law governing the registration of land and interests in land in the Northern Territory. Its stated object is to simplify title to land, facilitate dealings, define the rights of persons with an interest in registered land, continue and improve the Torrens system of title by registration, and enable the use of information technology in the Land Titles Office (s 3(1)). The Act replaces the Real Property Act 1886 and related legislation (s 212, Sch 2). It establishes a central land register kept by the Registrar-General (s 6), which consists of recorded particulars, registered instruments, and lodged documents that are not required to be registered (s 6(2)). The register may be kept in any form the Registrar-General considers appropriate, including electronic form (s 6(3), (4)). An indefeasible title for a lot is created upon recording particulars in the register (s 39), and the indefeasible title is the current particulars about the lot (s 40). Registered interests generally operate free from all unregistered interests, subject to specific exceptions (s 188, 189). The Act provides for the registration of transfers, leases, mortgages, easements, covenants, profits a prendre, writs of execution, caveats, trusts, transmissions on death and bankruptcy, and powers of attorney. It also introduces electronic conveyancing documents (Part 2, Division 2A), client authorisations for execution by legal practitioners and conveyancing agents (Part 10A), and mandatory identity verification obligations for mortgagees (s 78A, 81A). The Registrar-General has broad powers to correct the register, conduct inquiries, and refer matters to the Supreme Court or NTCAT (s 17, 20-28). The Act binds the Crown (s 5) and applies the Criminal Code to offences (s 5A). Where there is an inconsistency between this Act and the , this Act prevails (s 3(2)).