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Land Title Act 2000
188Quality of registered interests
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188 Quality of registered interests
(1) A registered proprietor of an interest in a lot holds the interest
subject to registered interests affecting the lot but free from all other
(2) In particular, the registered proprietor:
(a) is not affected by actual or constructive notice of an
unregistered interest affecting the lot;
(b) is not affected by the existence in the Sovereign or their heirs
or successors, or in any person, of any estate or interest
whatever, whether derived by grant from the Crown or
otherwise, that but for this Act might be held paramount or to
have priority; and despite want of notice or insufficient notice
of any application, or any error, omission, or informality in any
application or proceedings; and
(c) is liable to a proceeding for possession of the lot or an interest
in the lot only if the proceeding is brought by the registered
proprietor of an interest affecting the lot.
(3) However, subsections (1) and (2) do not apply:
(a) to an interest mentioned in section 189; or
(b) if there has been fraud by the registered proprietor, whether or
not there has been fraud by a person from or through whom
the registered proprietor has derived the registered interest.
Land Title Act 2000 94
(4) Nothing in this section is to be construed as affecting any of the
following rights or powers:
(a) the power of an officer of a court to sell the land of a judgment
debtor under a writ of execution;
(b) the power of a court to order the sale of land;
(c) the right of an official receiver or trustee, within the meaning of
the Bankruptcy Act 1966 of the Commonwealth, to land
transmitted on the insolvency of the registered proprietor.
(5) An instrument is unregistered despite it being registered under
another Act.
(6) Subsection (1) does not affect the operation and effect of
section 34.