What it does
The Land Titles Act 1925 (the Act) is the foundational statute establishing and regulating the Torrens title registration system in the Australian Capital Territory (ACT). At its core, it provides that title to land or interests in land is created, transferred, or extinguished by entry on the register kept by the registrar-general (s 43(1)). The register itself is conclusive evidence of the interests held and the identity of the registered proprietor (s 53(1)), subject only to the exceptions enumerated in s 58(1).
The Act operates in three broad phases. First, it prescribes the mechanism for bringing land under the system. Land not yet registered may be brought under the Act by application (s 18(1)), supported by production of title deeds (s 20(1)(a)), abstracts if required, and a statutory declaration (s 20(1)(c)). The registrar-general examines title (s 21(1)), publishes notice (s 24(1)), and, absent a valid caveat (Division 5.3), registers the applicant (s 25). Special provisions apply to Crown grants and leases (Part 4, s 17) and land formerly under the Real Property Act 1900 (NSW) (Part 7, ss 38–42).
Second, the Act regulates all subsequent dealings. Instruments must be lodged in registrable form (s 4, incorporating approved forms under s 140, certifications under ss 48BA–48BB or verification under s 48BC, and production of supporting documents). Priority is determined by order of lodgment in registrable form (s 48(4)), with registration conferring indefeasibility (s 58). The Act contains detailed machinery for:
- transfers (Division 10.1, ss 73, 77);
- leases, subleases, surrenders, and regrants (Division 10.2, ss 82–91C; land sublease rules in ss 88A–88J inserted by later amendment);
- mortgages, encumbrances, postponement of priority, foreclosure, and discharge (Division 10.3, ss 92–103);