4.0 Part 2, Subpart 4 of Part 3 and Subpart 4 of Part 4 Land Transfer Act 2017

Question 1

Under Section 12(1) of the new Land Transfer Act 2017, the Registrar may, from the information recorded in the register, create a record of title in five different circumstances. List four of these circumstances as stipulated under this subsection.

Answer 1

The Registrar may, from the information recorded in the register, create a record of title for –
(a) freehold estates:
(b) leasehold estates:
(c) stratum estates under the Unit Titles Act 2010:
(d) any other estates or interests in land that are or may be registered under this Act or for which a record of title is required by another Act:
(e) a proclamation or notice published in the Gazette and registered under this Act
pursuant to any other Act.

Question 2

Section 53 of the new Land Transfer Act 2017 stipulates two circumstances whereby a person does not acquire title by registration to a public road or reserve. What are these two circumstances?

Answer 2

A person does not acquire title by registration to a public road or reserve if the road or reserve has been –

(a) included in the record of title unlawfully; or
(b) acquired under an unauthorized instrument.

Question 3

What do the terms “grantee” and “grantor” mean in relation to an easement or a profit à prendre, under Section 107 of the new Land Transfer Act 2017.

Answer 3

Grantee, in relation to an easement or a profit à prendre, means –
(a) the registered owner of the benefited land or, if the benefited land is land of the
Crown with no registered owner, the Sovereign; or
(b) the person entitled to the benefit of the easement or profit à prendre
Grantor, in relation to an easement or a profit à prendre, means the registered owner of the burdened land or, if the burdened land is land of the Crown with no registered owner, the Sovereign.

Question 4

Section 115 of the new Land Transfer Act 2017 deals with redundant easements. If a redundant easement needs to be extinguished, according to subsection (1), who may apply to whom to make an entry on a record of title that the easement is extinguished?

Answer 4

The grantor or the grantee of an easement may apply to the Registrar to make an entry on a record of title that the easement is extinguished.

Question 5

Under Section 115(2) of the new Land Transfer Act 2017, an easement is redundant if two criteria are met. What are these two criteria?

Answer 5

For the purposes of this section, an easement is extinguished if it is redundant, meaning that –

(a) all or part of the benefited land no longer adjoins the burdened land as a result of a subdivision or for any other reason; and
(b) as a result, the easement has no practical effect.

Question 6

Section 11(1) Land Transfer Act 2017 identifies eight items that the Registrar must record in the Register. List these eight items.

Answer 6

The Registrar must record in the register—
(a) the particulars of land that is subject to this Act:
(b) the particulars of estates and interests in land that are registered under this Act:
(c) the names of the persons registered as owners of those estates and interests:
(d) the particulars of instruments or other matters that are registered or noted under
this Act and that benefit, burden, or affect those estates or interests:
(e) the instruments themselves:
(f) any certificate, notation, endorsement, memorandum, information, or matter that
relates to registered estates and interests in land and that is required to be recorded in the register under this Act or any other enactment:
(g) the plans deposited under this Act:
(h) any prescribed information.

Question 7

Section 12(1) Land Transfer Act 2017 sets out five different types of estates for which the Registrar may create a record of title. Identify at least four of these different types of estates.

Answer 7

The Registrar may, from the information recorded in the register, create a record of title for
(a) freehold estates:
(b) leasehold estates:
(c) stratum estates under the Unit Titles Act 2010:
(d) any other estates or interests in land that are or may be registered under this Act or for which a record of title is required by another Act:
(e) a proclamation or notice published in the Gazette and registered under this Act
pursuant to any other Act.

Question 8

Nine items are listed under Section 12(2) Land Transfer Act 2017 that must be contained within a record of title. List six of these items.

Answer 8

A record of title must comprise
(1) a unique identifier for the record of title:
(2) a description of the land to which the record of title relates:
(3) a description of the type of estate or interest in the land:
(4) a reference to any instrument or other matter creating the estate or interest or subdividing the land:
(5) a reference to any record of title or any former document of title from which the record of title derives:
(6) the name of the registered owner of the estate or interest:
(7) for each registered or noted instrument affecting the estate or interest,
(i) a unique identifier; and
(ii) a description of the type of instrument; and
(iii) the date and time of its registration or notation and any other information
necessary to determine its priority:
(8) any status affecting the legal capacity of the registered owner of the estate or interest notified to the Registrar under this Act or any other enactment:
(9) any other information
(i) that must be included under any other enactment; or
(ii) that the Registrar considers necessary to give effect to this Act or any other enactment.

Question 9

In terms of access to the register as stated under Section 40(1) Land Transfer Act 2017, what must the Registrar provide on request and on payment of the prescribed fee or charge?

Answer 9

The Registrar must, on request and on payment of the prescribed fee or charge,

(a) provide a person with a copy of an instrument registered or noted in the register or that forms part of the register:
(b) provide a person with a copy of a record of title.

Question 10

Section 108(1) Land Transfer Act 2017 deals with the registration and surrender of easements and profits à prendre. List two of the documents and/or instruments either of which may be used in order to undertake the above.

Answer 10

The following must be used in order to register an easement or a profit à prendre or the surrender of an easement or a profit à prendre:

(a) an easement instrument under section 109; or
(b) a transfer instrument under section 73; or
(c) in the case of an easement, a deposit document under section 110 together with the deposit under section 224 of a plan to which the deposit document relates.

Question 11

A deposit document used to create or surrender an easement on deposit of a plan must be in a form specified by the Registrar. What are the matters that need to be specified in a deposit document, as required under Section 110(3) Land Transfer Act 2017?

Answer 11

The matters that must be specified are

(a) the burdened land and, except for an easement in gross, the benefited land, including reference to the register; and
(b) the nature and extent of the easement; and
(c) if the easement is being created, the rights and powers that will apply to the easement by reference, without modification, to rights and powers
(i) prescribed by regulations; or
(ii) contained in a memorandum registered under section 209.

Question 12

When considering if an easement can be extinguished if it is redundant under Section 115(2) Land Transfer Act 2017, what two considerations apply?

Answer 12

For the purposes of this section, an easement is extinguished if it is redundant, meaning that

(a) all or part of the benefited land no longer adjoins the burdened land as a result of a subdivision or for any other reason; and
(b) as a result, the easement has no practical effect

Question 13

For the purpose of Section 197 Land Transfer Act 2017 (Subpart 4), what is the meaning of a limited certificate of title?

Answer 13

(a) is limited as to parcels or title, or both

Question 14

Section 201(1) Land Transfer Act 2017 sets out two methods by which the Registrar may remove the limitations from a limited record of title. Identify both these methods

Answer 14

The Registrar may
(a) note on a limited record of title that the record of title is no longer subject to the
limitation; or
(b) create a replacement record of title that is not subject to the limitation.

Question 15

What matters must the Registrar have regard to, when satisfying himself or herself that limitation can be removed from a record of title, as stated in Section 201(3) Land Transfer Act 2017.

Answer 15

The Registrar, in satisfying himself or herself that the limitation can be removed from the record of title

(a) must have regard to
(i) any action taken to comply with any requisition or requirement in the Registrar’s minutes in relation to the record of title; and
(ii) any other matters the Registrar considers material; and
(b) may decide that compliance with a requisition or requirement has become unnecessary because of the lapse of time.

Question 16

What is the purpose of the register under Section 10 Land Transfer Act 2017?

Answer 16

The purpose of the register is to

(a) provide a public record of land that is subject to this Act, including a record of
(i) title to estates and interests in land registered under this Act; and
(ii) other information relating to estates and interests in land that is recorded in the register under this Act:
(b) provide the mechanism for creating title to estates and interests in land that, subject to this Act, cannot be set aside:
(c) facilitate the transfer of and dealings with estates and interests in land that is subject to this Act:
(d) facilitate giving effect to the purposes of this Act:
(e) enable compliance with the requirements of any other Act for the registration or notation under this Act of instruments or other matters affecting land or estates or interests in land.

Question 17

Under Section 202 Land Transfer Act 2017, what further matters must the Registrar address before removing limitations?

Answer 17

(1) The Registrar must not act under section 201(1) in relation to a limited record of title that is limited as to parcels unless
(a) the Registrar is satisfied by the deposit of a survey plan or other evidence that no part of the land is held in occupation adverse to the title of the registered owner of the land; and
(b) the Registrar gives notice to the owners or occupiers of any adjoining land of the Registrar’s intention to take the action; and
(c) within the prescribed period specified in the notice, or any period of extension allowed by the Registrar, no person to whom a notice is given lodges a caveat under section 207.
(2) However, the Registrar need not give notice to the owners or occupiers of adjoining land who have given written consent to the removal of the limitation.