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Queensland act
This is Queensland's comprehensive overhaul of property law, replacing older legislation and modernising the rules governing how property is bought, sold, owned, and transferred. It applies to virtually everyone in Queensland who owns, buys, sells, leases, or has any interest in land or other property.
1. Writing requirements for land deals Any contract to buy or sell land must be in writing and signed. If you try to create rights over land by a handshake deal (called "parol" — meaning spoken only), that arrangement is treated as temporary and revocable ("at will") only.
2. Types of property ownership allowed Only two types of freehold ownership (outright ownership of land) are now allowed:
Antique forms like "estate tail" (where land could only pass to direct descendants) are abolished. If old documents used words that would have created such estates, they're now treated as creating ordinary full ownership.
3. Co-ownership disputes (joint owners falling out) If two or more people own property together and can't agree, any one of them can apply to a court to force a sale or physical division of the property. The court prefers to order a sale (splitting the money) unless physical division or some other arrangement is fairer. The court can also sort out who owes who money for things like repairs, mortgage payments, or one owner living in the property rent-free while the other doesn't.
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Direct links to the current provisions in Property Law Act 2023.
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View on official registerSourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
4. Electronic deeds and digital signing The law formally allows legal documents ("deeds" — the most formal type of legal document) to exist as electronic documents and be signed electronically. This modernises conveyancing and commercial transactions. Companies can execute deeds via two directors, a director and secretary, or through authorised agents. Remote witnessing via video link is also permitted.
5. Third-party rights in contracts If a contract is made for your benefit — even if you're not the one who signed it — you may have enforceable rights under it. For example, if a developer promises a builder to do something that benefits a future buyer, the buyer may be able to enforce that promise directly.
6. Seller disclosure for land sales Sellers of land (lots) have formal obligations to disclose important information to buyers before sale, with remedies available if they fail to do so.
7. Instalment contracts (buying land in stages) Buyers paying for land in instalments get specific protections, including rights to a transfer of title once certain payment thresholds are reached.
8. Abolition of old legal relics Several ancient and outdated legal rules are scrapped, including:
9. Covenants running with land Obligations written into land title documents ("covenants" — binding promises) can bind not just the original parties but also future owners of that land, including both positive obligations (like maintaining a shared driveway) and restrictions on use.
10. Who is bound This Act binds everyone — individuals, companies, and government — though governments cannot be criminally prosecuted under it.