Establishes and governs the Torrens‑style system of land title in Western Australia: a central Register kept by a Registrar of Titles, certificates of title that (except in limited cases) are conclusive evidence of ownership, and rules for how interests in land are created, transferred, protected and recorded (see Parts III, IV; s. 48, 52, 63, 68, 82).
Creates the statutory offices and powers that run the system: Commissioner of Titles, Registrar, Examiners and Assistant Registrars, and sets delegation, oath, seal and electronic‑processing powers (Part I; ss 5–15A, 10, 14).
Sets the mechanics for bringing land under the Act and issuing certificates: how applicants apply, notice and caveat procedures, surveys and boundary rules, and special provisions where descriptions differ from occupation (Part II; ss 20–39, 151–166).
Regulates core dealings: transfers, leases, subleases, mortgages, charges and annuities, and their registration and priority (Part IV Divs 1–3; ss 82–123, 52, 53). Registration is the operative step that confers effect and priority (s 58, s 53).
Provides for easements, restrictive covenants and scheme‑plan notations, including creation, registration, modification or discharge procedures (Part IVA; ss 136A–136J; Part IIIA; ss 63A–66A).
Establishes a caveat system to allow interested persons to block registration pending proof of claim, with time limits, notice and Court‑extension mechanisms (Part V; ss 137–143, 138A–138D).
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Current sections
Direct links to the current provisions in The Transfer of Land Act 1893.
15
Div 1
General
Division 1 — General
81J. Application of this Part 63
81K. Terms used 63
81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title 63
81M. Lodging etc. of management orders 64
81N. Crown surveys 64
81O. No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued 64
81P. Endorsements on certificates of Crown land title and qualified certificates of Crown land title 64
81Q. Leases and subleases of Crown land, registration of 65
81R. Profits à prendre, registration of 66
81RA. Other encumbrances in respect of fee simple in Crown land 66
81S. Prerequisites to registering dealings as to Crown land 67
81T. Registered proprietors etc. protected against ejectment except in certain cases 68
Div 2
Transitional
Division 2 — Transitional
81U. Registrar may accept for registration signed and stamped duplicate original documents 70
81V. Minister for Lands may apply for cancellation, creation etc. of certificates of Crown land title etc. 70
81W. Procedure when applications referred to Commissioner 71
81X. Procedure on lodging of caveat under s. 81W(6) 75
81Y. Registrar’s duties when applications made under s. 81V(1)(a) granted 76
81Z. Registrar’s duties when applications made under s. 81V(1)(b) granted 76
81ZA. Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists 77
81ZB. Qualified certificates of Crown land title, general matters 78
81ZC. Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc. 79
81ZD. Registrar may convert Crown leases into leases registered under s. 81Q 80
Part IV — Dealings with land
Division 1 — Transfers
Transfers 81
Transfer to include right to sue thereunder 81
Transfers may be to proprietor and others jointly etc. 82
Signed and registered instruments have efficacy of deeds 82
Registration of transfer 83
Total transfer by endorsement on paper title or by entering transferee’s name on digital title 83
Transferee of encumbered land to indemnify transferor 84
88A. Memorial of easements to be registered 84
Division 2 — Leases and subleases
Leases 85
Covenants by lessee implied in leases 85
Lessor’s powers implied in leases 86
Short forms of covenants by lessees 86
Covenant to be implied on transfer of lease 87
Recovery of possession by lessors to be entered in Register 87
Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply 88
Surrendering leases 88
Lessee may sublet 89
Registration of subleases 90
Provisions about leases apply to subleases 90
Covenants implied in subleases 91
Determination of lease or sublease by re‑entry to be entered in Register 91
Div 2A
Carbon rights and carbon covenants
Division 2A — Carbon rights and carbon covenants
104A. Terms used 93
104B. Registration of carbon right form 93
104C. Extension of carbon right 93
104D. Transfer of carbon right 94
104E. Mortgage of carbon right 95
104F. Surrender of carbon right 95
104G. Registration of carbon covenant form 96
104H. Extension of carbon covenant 96
104I. Variation of carbon covenant 97
104J. Transfer of benefits under carbon covenant 99
104K. Mortgage of carbon covenant 99
104L. Surrender of carbon covenant 100
Div 2B
Tree plantation agreements and plantation interests
Division 2B — Tree plantation agreements and plantation interests
104M. Terms used 100
104N. Registration of tree plantation agreement 101
104O. Extension of plantation interest 101
104P. Variation of agreement 103
104Q. Transfer of plantation interests 105
104R. Mortgage of plantation interests 105
104S. Surrender of plantation interests 105
Div 3
Mortgages and annuities
Division 3 — Mortgages and annuities
Mortgages and charges for annuities, creating 106
105AA. Mortgages lodged electronically 107
105A. Extension of mortgage, charge or lease 107
Mortgage or charge not to operate as transfer; default procedures 108
Written demand equivalent to written notice 110
Power to sell in cases of continuing default 110
Application of purchase money 111
Transfer after sale by mortgagee etc., effect of 112
Remedies of mortgagee or annuitant in cases of default 113
Further remedies of mortgagee or annuitant 113
112A. Abolition of power of distress 114
Covenants implied in mortgages 114
Mortgagee or annuitant of leasehold entering into possession become liable to lessor 115
Short form of covenant by mortgagor to insure 115
Rights of mortgagees generally 116
Mortgagor not to sue on cause of action available to mortgagee without mortgagee’s consent 116
Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands 117
Mortgagee may seek court order as to money recovered by mortgagor in action 117
Application of moneys obtained by mortgagee in action 118
Foreclosure, application for order for 118
Application for foreclosure to be advertised 120
Discharge of mortgages and annuities 121
Mortgages etc. made before land brought under this Act 121
Entry of satisfaction of annuity 122
Payments under and discharge of mortgages when mortgagee absent from State etc. 122
127A. Subsequent mortgages or charges 123
Land brought under this Act subject to mortgage, rights of mortgagee etc. 124
128A. Another mortgagee may tender payment 125
Div 3A
Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements
Division 3A — Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements
129A. Creation of restrictive covenants 125
129B. Discharge and modification of restrictive covenants 127
129BA. Restrictive covenants benefiting local governments and public authorities 127
129BB. Discharge and modification of s. 129BA covenants 128
129C. Supreme Court’s powers as to easements etc. 130
Div 4
Miscellaneous
Division 4 — Miscellaneous
Seal of corporation substitute for signature 134
Implied covenants and powers may be modified or negatived 135
Property (seizure and sale) order, registration of etc. 135
Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc. 140
Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer 141
Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land 142
Part IVA — Creation of easements and restrictive covenants by notations on subdivision plans and diagrams
136A. Term used: plan 143
136B. Application of this Part 143
136C. Notation of easements on subdivision plans 143
136D. Notation of restrictive covenants on subdivision plans 145
136E. Consent of certain persons required to creation of easements and restrictive covenants 146
136F. When easements and restrictive covenants under this Part have effect 147
136G. Easements and restrictive covenants under this Part may be effective for specified term only 147
136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor 147
136I. Recordings in Register 148
136J. Discharge and modification of easements and restrictive covenants under this Part 148
Part V — Caveats
136K. Term used: section 138A caveat; application of this Part 151
Lodging caveats for land already under this Act 151
Consequences of lodging caveat 153
138A. Caveats to which s. 138B to 138D apply 154
138B. Requiring caveator to seek court order extending s. 138A caveat 154
138C. Supreme Court’s powers on application by caveator 155
138D. Restrictions on caveators lodging further s. 138A caveats 156
Effect of caveats 157
Compensation for caveat lodged without reasonable cause 158
Registrar’s duties when caveat lodged or lapses 158
141A. Requiring caveators to withdraw caveats or substantiate their claims 158
Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases 159
Part VI — Powers of attorney and attestation of instruments
Powers of attorney, creation and filing of 161
Powers of attorney, effect of 162
Signatures on documents, witnessing requirements 162
Part VII — Search certificates and stay orders
Finding out whether proprietor is free to deal with land 165
Person issued search certificate under s. 146 entitled to inspect certificate of title 165
Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear 165
Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s. 148 166
Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s. 149 166
Part VIII — Surveys, plans, parcels and boundaries
Crown survey boundaries as marked on ground are true boundaries 167
Crown grant or lease conveys land within survey boundaries 167
Aliquot parts of Crown section having excess of area 168
153A. Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc. 168
How boundaries may be proved in absence of survey marks 169
Margin of error allowed in description of boundaries 170
Commissioner may require special survey of land 170
Commissioner may require accuracy of survey to be verified 171
Commissioner may disregard minute errors of dimensions 171
Excess land may be apportioned between different owners or proprietors 172
Commissioner’s powers where boundaries unclear in subdivision 172
Plan to be made of subdivision proposed under s. 160 174
Subdivision proposed under s. 160 to be advertised etc. 174
Finalised subdivision, verification and effect of plan of 174
Public notice to be given of finalised subdivision and plan 175
Expense of survey ordered under s. 160, how paid 175
New certificates of title on subdivision of land 176
166A. Subdivisions of Crown land 177
166B. Subsidiary certificates of Crown land title 178
Number of allotment on plan of subdivision sufficient description for purposes of dealing 178
167A. Rights of way generally not public ways or thoroughfares 178
Abuttals may be used in description of land in certificate 179
Objects which may constitute abuttals 180
Part IX — Amendment of certificates and amendment or replacement of graphics
169A. Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land 181
Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate 181
Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him 181
Form of application under s. 170 or 171 182
How application under s. 170 or 171 to be dealt with 182
Notice of s. 170 or 171 application to be given to owners etc. of adjourning land affected by it 183
Notice of s. 170 or 171 application to be published and publicly displayed 183
Person opposing s. 170 or 171 application may lodge caveat 184
Applications under s. 170, 171 or 20 may be granted although other certificates may be affected 184
Certificate of title and relevant graphics may be amended or replaced on granting application 185
Part X — Special powers and duties of the Commissioner and Registrar
Commissioner may summons people to provide information 186
181A. Commissioner and Registrar may require supporting documentation or evidence or verification 188
181B. Commissioner and Registrar may require verification by statutory declaration 190
Regulations 190
182AA. Prescribed fees may exceed cost recovery 194
182AB. Expiry of s. 182AA 195
182A. Commissioner and Registrar may determine requirements 196
182B. Publication of requirements 199
Orders vesting trust estate 199
Commissioner may make vesting order in cases of completed purchase 200
Encumbrances which no longer affect title, powers to deal with 201
Appointment of executor, administrator or Public Trustee, entry on Register and effect 201
Powers of Registrar 202
Registrar may correct apparent errors in instruments without direction of Commissioner 204
Money received by Registrar 204
Registrar may demand prescribed fees 205
192A. Registrar entitled to assume that lodging party has certain authorities from other interested parties 205
192B. Registrar may refuse lodgment for non‑compliance with certain requirements 206
192C. Commissioner may refuse to take action if requirements not complied with 207
192D. Registrar may refuse registration, noting or recording for non‑compliance with requirements 208
192E. Notice of non‑compliance under s. 192D 209
Defective documents, rejection of 210
Power to state case for Supreme Court 211
Part XI — Restrictions on, and recovery of, payments of compensation by State
Moneys paid by State under s. 201 may be recovered 212
State not liable in certain cases 213
Part XII — Actions and other remedies
Officers not to be liable for acts done bona fide 215
Registered proprietor protected against ejectment except in certain cases 215
Court may direct cancellation of certificate or entry in Register in certain cases 216
Compensation of person deprived of land 216
Purchasers protected 218
Owner may require Commissioner or Registrar to substantiate decision before Supreme Court 218
Cost of summons and proceedings under s. 203 to be in discretion of court 219
Actions for damages may in some cases be brought against Registrar as nominal defendant 219
Actions for damages for loss due to inaccurate survey 220
Actions for damages in certain other cases 220
Claims for damages may be made to Commissioner before commencing court action 221
Notice of action to be served 222
Damages etc. awarded to be charged to Consolidated Account 222
Limitation of actions 223
Rules of Supreme Court to apply and same right of appeal as in ordinary actions 223
Obligation to make discovery not excluded 224
Part XIII — Offences
Offences 225
214A. Effect of fraud 226
Part XIV — Miscellaneous
Person entitled under will etc. may apply to be registered 227
Application under s. 219, how dealt with 227
Remainder‑man or reversioner may apply to be registered 228
Person claiming title under statute of limitations may apply to be registered 229
Application under s. 222, how dealt with 229
223A. Caveat against application 230
Survivor of joint proprietors may apply to be registered 231
Proprietors and transferees for time being to stand in place of previous owners 231
Proprietor’s name, use of in court action by beneficiary etc. 231
229A. Easement not used or enjoyed for 20 years, removal of 232
229B. Orders made under s. 229A, effect of 233
On s. 20 applications, easements not used for 20 years or more may be omitted from certificate 233
Buildings on public roads etc. in Perth or Fremantle for 20 years or more 234
232B. Effect of using alternative means to provide consent, permission or approval 235
Receipt for documents lodged 236
Pending actions etc. not to affect dealings 236
Trustees etc. of bankrupts etc. may apply to be registered 237
Bankruptcy of proprietor not to affect dealings until s. 234 application or caveat lodged 237
Tenant in tail 238
Conditions of sale in Twenty‑sixth Schedule, adoption of 238
Forms may be modified 238
238A. Registrar’s copy to be definitive 238
238B. Resubmission of document lodged electronically if data capture defective 239
Inspection of Register and related documents; obtaining copies and print‑outs 241
239B. Evidentiary documents as to current and historical matters 243
Service of notices 244
240A. Notification of change of address or way of receiving notices electronically 244
Interests disposed of or created by court order etc., registration of 245
Registrar may cancel certificate of title when land revested in Crown 246
Part XV — Transitional provisions for Electronic Conveyancing Act 2014
Term used: amending Act 247
Transitional provision for s. 52(2) 247
Transitional provision for s. 105(4) 247
Transitional provision for s. 182A (requirements) 247
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Transfer of Land Act 1893
Western Australia
Transfer of Land Act 1893
Contents
Part IA — Preliminary
Short title 2
Repeals and savings 2
Application of other laws etc. and this Act 2
Terms used; application of Act to Crown land 3
4A. Sections of this Act that do not apply to Crown land 12
Part I — Officers
Commissioner of Titles 13
Deputy Commissioner of Titles 13
Registrar of Titles 14
7A. Offices of Commissioner and Registrar may be held by one person 15
Examiner of Titles, Assistant Registrar of Titles 15
8A. Designating statutory officers, generally 16
Certain signatures to be judicially noticed 17
Seal 17
Assistant Registrar’s powers 18
Commissioner and Examiner of Titles not to practise law 18
Oaths of office 18
Commissioner and Registrar may exercise functions electronically 19
Delegation by Commissioner 19
15A. Delegation by Registrar 20
Rules relating to surveyors 21
Some of Minister for Lands’ functions under this Act may be performed by authorised officer 21
Part II — Bringing land under the Act
Bringing lands alienated in fee before 1 July 1875 under this Act 22
20A. Evidence and restrictions of requisitions 23
How application to be dealt with when no dealing has been registered 24
How application to be dealt with when dealing has been registered 24
Notice of application to bring land under this Act and rescission of previous directions on undue delay 25
Person claiming title by possession to post notice of application on land 26
Implements special regimes for Crown land, Crown leases and transitional handling of Crown interests (Part IIIB; ss 81J–81ZD), and for newer property types: carbon rights and covenants, tree‑plantation agreements and plantation interests (Divisions 2A & 2B; ss 104A–104S).
Modernises for electronic conveyancing: permits electronic acts by the Commissioner/Registrar, defines digital titles and counterparts, controls electronic lodgment and verification, and makes the Registrar’s electronic copy definitive (s 14; Part XV; ss 181, 182A–182B, 238A–238B; 105AA).
Confers investigation, verification and refusal powers on the Commissioner/Registrar (ss 180, 181A–181B, 192–192E); creates offences for false statements and fraud and voids instruments procured by fraud (s 214, s 214A).
Provides remedies and compensation pathways, limits State liability in many cases and establishes procedures for actions against the State or for damages (Parts XI–XII; ss 195–201, 205–210).
Who it affects
Registered proprietors, prospective purchasers, mortgagees, lessees and tenants, transferees and trustees (the large majority of private landholders) — their title, priorities and remedies are governed by this Act (eg ss 52, 58, 68, 199).
Lenders and financial institutions (mortgage creation, priority, foreclosure and sale rules, ss 105–123, 110, 121–123).
Surveyors and conveyancers: survey rules, plans, and verification obligations (ss 16, 156–163, 166).
The Western Australian Land Information Authority, the Commissioner, Registrar and Minister for Lands (administration, discretion, and special Crown procedures, Part I; ss 5–17; Part IIIB).
Local governments and public authorities (can lodge notifications, benefit from restrictive covenants or easements, ss 70A, 129BA, 136C(3)).
New markets/users of non‑traditional land interests: carbon rights/covenants and plantation interests (ss 104A–104S).
Electronic‑lodge ecosystem actors: ELNOs, subscribers, and professional verification agents (Electronic Conveyancing Act interactions; ss 181, 182A, 192A–192E).
Why it matters (official rationale, stated and mechanical effect)
Officially, the Act "consolidates the law relating to simplification of the title to and the dealing with estates in land" — i.e. it is the machinery that makes title certain and marketable. Mechanically, it creates a single public Record where registration confers priority, limits private inquiry into unregistered burdens, and substitutes statutory remedies and compensation for many old equitable actions (see ss 63, 68, 134, 201).
Analyst’s test of that rationale (costs, incentives, trade‑offs, risks)
Incentives and private behaviour (what changes): Registration confers title certainty and priority (ss 52, 53, 63). That encourages market transactions, borrowing against land, and investment because purchasers and mortgagees gain protected, enforceable positions on registration. Lenders and large buyers get concentrated benefits (priority and quick remedies).
Compliance and transaction costs: Detailed formalities (witnessing, prescribed forms, survey standards, verification, certificates and fees — ss 145, 16, 181, 182A, 191) impose costs on small proprietors and on professionals (conveyancers, surveyors). Electronic conveyancing shifts some burden to ELNOs and subscribers but adds new compliance (verification, retention) obligations (ss 105AA, 238A–238B, 182A–182B).
Bureaucratic discretion and implementation risk: The Commissioner/Registrar have broad powers to refuse lodgments, require verification, correct records and make administrative determinations (ss 15, 15A, 181A, 182A, 188–189, 192–192E). Discretion speeds practical resolution but creates implementation risk (inconsistent decisions, delays) and concentrates decision‑making power in the Authority.
Trade‑offs: The Act trades off exhaustive judicial title checks for administrative certainty and speed. Registered purchasers are largely protected from unregistered interests (s 134), but the State retains limited liability and a compensation regime (ss 195–201) — so private parties face residual risk and potential legal costs.
Enforcement and fraud risk: Modernisation introduces electronic lodgment and digital titles (s 14; ss 238A–238B). That increases throughput and convenience but raises cyber‑security, identity‑verification and systemic‑fraud risks; the Act responds with verification requirements, criminal sanctions (s 214) and Registrar refusal powers (ss 181A, 192–192E).
Concentrated benefits, diffuse costs and rent‑seeking risk: Lenders, professional subscribers (ELNOs) and major landholders gain clear priority and streamlined processes; costs (fees, compliance) are dispersed among many owners and users. Discretionary permissions (Minister/Registrar) create opportunities for lobbying or administrative capture where specific consents are required (eg Crown land dealings, ss 81D, 81S).
Opportunity and substitution effects: The statute institutionalises non‑traditional property interests (carbon rights, plantation interests — ss 104A–104S). That enables new markets (carbon sequestration), but also ties those markets into the land‑registration system and its formalities; transferability and security for these instruments depend on satisfying prescribed consent and registration steps (eg consents from registered interest‑holders; ss 104B–104L, 104N–104S).
Key implementation and compliance points to note (with sections)
Registration is the critical legal event: instruments are ineffective until registered (s 58); priority follows registration order (s 53).
Certificates are conclusive evidence of title except for fraud or limited Crown‑title exceptions (s 63, s 68).
Caveats provide quick administrative blocking but are time‑limited and may lapse unless court proceedings follow (ss 30, 31, 32, 138B–138D).
Electronic conveying: the Commissioner/Registrar may act electronically (s 14); the Registrar’s electronic copy can be definitive (s 238A); specific rules apply to electronic lodgment and mortgage counterparts (s 105AA).
Administrative checks: Commissioner/Registrar may require statutory declarations, identity verifications and supporting documents and may refuse lodgment or registration if requirements are not met (ss 181A, 181B, 192, 192B–192E).
Remedies and State exposure: the Act channels many title problems into damages against the State and contains limitation periods and exclusions for State liability (ss 195–201, 206–210, 211).
Practical takeaway
If you own, buy, sell, mortgage, lease or otherwise deal with land in WA you are operating primarily inside this statute. Your legal priority and protection depend less on historical deed‑searching and more on correct registration and adherence to prescribed forms, surveys, fees and (increasingly) electronic verification requirements. The Act centralises legal certainty in the Register and in the administrative processes of the Authority, but that centralisation comes with non‑trivial compliance costs, administrative discretion and new operational risks (especially around electronic processes and non‑traditional land interests).
Division Div 3ARestrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements
Land to be brought under this Act unless caveat received 26
Land occupied may be brought under this Act by different description from that in title on special application 26
Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate 27
Title may be given to excess of land occupied under Crown grant over land described in Crown grant 27
Excess of land may be apportioned between different owners or proprietors 28
Parties interested may lodge caveat 29
If caveat received, proceedings suspended 30
Caveat to lapse unless proceedings taken within one month 30
Judge may require production of title deeds in support of application to bring land under this Act 30
Applicant may withdraw application 31
Documents of title 31
Subsisting lease to be endorsed and returned 32
Additional evidence to be scheduled 32
Some certificates of title to issue in name of deceased person 33
Registration of leaseholds 33
Production of lease may be dispensed with on bringing land under this Act 34
Certain memorials to be sufficient evidence of conveyances in fee 34
Commissioner may direct Registrar to bring land under this Act 34
Title to land sold under order or decree may be deemed sufficient 35
Formalities of order 35
Part III — Certificates of titles and registration
Register 36
48A. Certificates of title 37
48B. No duplicate certificate of title to be issued 38
48C. Symbols 38
One certificate may be created for lands not contiguous 38
Area of land need not be mentioned in certificate 39
Registration of certificates of title and instruments 39
Priority of registration of instruments 40
Incorporation of terms etc. of certain memoranda 40
Trusts 41
Memorandum to state certain particulars 42
Instruments not effectual until registered 42
Notations as to legal disability of proprietor 42
Joint tenants and tenants in common 43
Effect of insertion of words “no survivorship” 43
Notice to be published before effect given to order 44
Certificate to be conclusive evidence of title 44
63A. Certificates may contain statement of easements 45
Certificate conclusive evidence as to title to easements 46
Short forms etc. for easements, effect of 46
65A. Memorandum of easement 47
66A. No separate certificate for easement 47
Certificate conclusive evidence in suit for specific performance or action for damages 48
Estate of registered proprietor paramount 48
Certain easements and conditions to be noted as encumbrances 50
Reversions expectant on leases 51
70A. Factors affecting use and enjoyment of land, notification on title 51
Single certificate may be created instead of separate ones 52
71A. Separate certificates may be created instead of single one 53
History of dealings to be preserved 53
74A. Substitute certificates of title 54
Words of inheritance or succession to be implied 54
Part IIIA — Crown leases
81A. Registration of Crown leases issued on or after 2 May 1910 56
81B. Registration of Crown leases issued before 2 May 1910 56
81C. Effect of registration 58
81D. Registration of transfer etc. 58
81E. No foreclosure without consent of Minister for Lands 60
81F. Entry of forfeiture 60
81G. Crown lessee to be deemed of full age 60
81H. Sections of this Act and land Acts that do not apply to Crown leases 61
81I. Mortgage of Crown lease to be transferred to Crown grant 61
Part IIIB — Registration and recording in relation to Crown land
Division 1 — General
81J. Application of this Part 63
81K. Terms used 63
81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title 63
81M. Lodging etc. of management orders 64
81N. Crown surveys 64
81O. No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued 64
81P. Endorsements on certificates of Crown land title and qualified certificates of Crown land title 64
81Q. Leases and subleases of Crown land, registration of 65
81R. Profits à prendre, registration of 66
81RA. Other encumbrances in respect of fee simple in Crown land 66
81S. Prerequisites to registering dealings as to Crown land 67
81T. Registered proprietors etc. protected against ejectment except in certain cases 68
Division 2 — Transitional
81U. Registrar may accept for registration signed and stamped duplicate original documents 70
81V. Minister for Lands may apply for cancellation, creation etc. of certificates of Crown land title etc. 70
81W. Procedure when applications referred to Commissioner 71
81X. Procedure on lodging of caveat under s. 81W(6) 75
81Y. Registrar’s duties when applications made under s. 81V(1)(a) granted 76
81Z. Registrar’s duties when applications made under s. 81V(1)(b) granted 76
81ZA. Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists 77
81ZB. Qualified certificates of Crown land title, general matters 78
81ZC. Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc. 79
81ZD. Registrar may convert Crown leases into leases registered under s. 81Q 80
Part IV — Dealings with land
Division 1 — Transfers
Transfers 81
Transfer to include right to sue thereunder 81
Transfers may be to proprietor and others jointly etc. 82
Signed and registered instruments have efficacy of deeds 82
Registration of transfer 83
Total transfer by endorsement on paper title or by entering transferee’s name on digital title 83
Transferee of encumbered land to indemnify transferor 84
88A. Memorial of easements to be registered 84
Division 2 — Leases and subleases
Leases 85
Covenants by lessee implied in leases 85
Lessor’s powers implied in leases 86
Short forms of covenants by lessees 86
Covenant to be implied on transfer of lease 87
Recovery of possession by lessors to be entered in Register 87
Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply 88
Surrendering leases 88
Lessee may sublet 89
Registration of subleases 90
Provisions about leases apply to subleases 90
Covenants implied in subleases 91
Determination of lease or sublease by re‑entry to be entered in Register 91
Division 2A — Carbon rights and carbon covenants
104A. Terms used 93
104B. Registration of carbon right form 93
104C. Extension of carbon right 93
104D. Transfer of carbon right 94
104E. Mortgage of carbon right 95
104F. Surrender of carbon right 95
104G. Registration of carbon covenant form 96
104H. Extension of carbon covenant 96
104I. Variation of carbon covenant 97
104J. Transfer of benefits under carbon covenant 99
104K. Mortgage of carbon covenant 99
104L. Surrender of carbon covenant 100
Division 2B — Tree plantation agreements and plantation interests
104M. Terms used 100
104N. Registration of tree plantation agreement 101
104O. Extension of plantation interest 101
104P. Variation of agreement 103
104Q. Transfer of plantation interests 105
104R. Mortgage of plantation interests 105
104S. Surrender of plantation interests 105
Division 3 — Mortgages and annuities
Mortgages and charges for annuities, creating 106
105AA. Mortgages lodged electronically 107
105A. Extension of mortgage, charge or lease 107
Mortgage or charge not to operate as transfer; default procedures 108
Written demand equivalent to written notice 110
Power to sell in cases of continuing default 110
Application of purchase money 111
Transfer after sale by mortgagee etc., effect of 112
Remedies of mortgagee or annuitant in cases of default 113
Further remedies of mortgagee or annuitant 113
112A. Abolition of power of distress 114
Covenants implied in mortgages 114
Mortgagee or annuitant of leasehold entering into possession become liable to lessor 115
Short form of covenant by mortgagor to insure 115
Rights of mortgagees generally 116
Mortgagor not to sue on cause of action available to mortgagee without mortgagee’s consent 116
Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands 117
Mortgagee may seek court order as to money recovered by mortgagor in action 117
Application of moneys obtained by mortgagee in action 118
Foreclosure, application for order for 118
Application for foreclosure to be advertised 120
Discharge of mortgages and annuities 121
Mortgages etc. made before land brought under this Act 121
Entry of satisfaction of annuity 122
Payments under and discharge of mortgages when mortgagee absent from State etc. 122
127A. Subsequent mortgages or charges 123
Land brought under this Act subject to mortgage, rights of mortgagee etc. 124
128A. Another mortgagee may tender payment 125
Division 3A — Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements
129A. Creation of restrictive covenants 125
129B. Discharge and modification of restrictive covenants 127
129BA. Restrictive covenants benefiting local governments and public authorities 127
129BB. Discharge and modification of s. 129BA covenants 128
129C. Supreme Court’s powers as to easements etc. 130
Division 4 — Miscellaneous
Seal of corporation substitute for signature 134
Implied covenants and powers may be modified or negatived 135
Property (seizure and sale) order, registration of etc. 135
Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc. 140
Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer 141
Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land 142
Part IVA — Creation of easements and restrictive covenants by notations on subdivision plans and diagrams
136A. Term used: plan 143
136B. Application of this Part 143
136C. Notation of easements on subdivision plans 143
136D. Notation of restrictive covenants on subdivision plans 145
136E. Consent of certain persons required to creation of easements and restrictive covenants 146
136F. When easements and restrictive covenants under this Part have effect 147
136G. Easements and restrictive covenants under this Part may be effective for specified term only 147
136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor 147
136I. Recordings in Register 148
136J. Discharge and modification of easements and restrictive covenants under this Part 148
Part V — Caveats
136K. Term used: section 138A caveat; application of this Part 151
Lodging caveats for land already under this Act 151
Consequences of lodging caveat 153
138A. Caveats to which s. 138B to 138D apply 154
138B. Requiring caveator to seek court order extending s. 138A caveat 154
138C. Supreme Court’s powers on application by caveator 155
138D. Restrictions on caveators lodging further s. 138A caveats 156
Effect of caveats 157
Compensation for caveat lodged without reasonable cause 158
Registrar’s duties when caveat lodged or lapses 158
141A. Requiring caveators to withdraw caveats or substantiate their claims 158
Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases 159
Part VI — Powers of attorney and attestation of instruments
Powers of attorney, creation and filing of 161
Powers of attorney, effect of 162
Signatures on documents, witnessing requirements 162
Part VII — Search certificates and stay orders
Finding out whether proprietor is free to deal with land 165
Person issued search certificate under s. 146 entitled to inspect certificate of title 165
Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear 165
Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s. 148 166
Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s. 149 166
Part VIII — Surveys, plans, parcels and boundaries
Crown survey boundaries as marked on ground are true boundaries 167
Crown grant or lease conveys land within survey boundaries 167
Aliquot parts of Crown section having excess of area 168
153A. Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc. 168
How boundaries may be proved in absence of survey marks 169
Margin of error allowed in description of boundaries 170
Commissioner may require special survey of land 170
Commissioner may require accuracy of survey to be verified 171
Commissioner may disregard minute errors of dimensions 171
Excess land may be apportioned between different owners or proprietors 172
Commissioner’s powers where boundaries unclear in subdivision 172
Plan to be made of subdivision proposed under s. 160 174
Subdivision proposed under s. 160 to be advertised etc. 174
Finalised subdivision, verification and effect of plan of 174
Public notice to be given of finalised subdivision and plan 175
Expense of survey ordered under s. 160, how paid 175
New certificates of title on subdivision of land 176
166A. Subdivisions of Crown land 177
166B. Subsidiary certificates of Crown land title 178
Number of allotment on plan of subdivision sufficient description for purposes of dealing 178
167A. Rights of way generally not public ways or thoroughfares 178
Abuttals may be used in description of land in certificate 179
Objects which may constitute abuttals 180
Part IX — Amendment of certificates and amendment or replacement of graphics
169A. Only Minister for Lands may alter areas, boundaries or positions o
This is an opening excerpt, not the complete document.