Land Title Practice Manual - Lease Flashcards
What are the three ways land can be held?
- Sole tenancy – by one person or corporate body.
- Joint tenancy – by two or more persons without each having a separate or distinct title or share and there is a right of survivorship i.e. on the death of a joint tenant the interest of the deceased vests in the surviving joint tenant/s.
- Tenancy in common – by two or more people in shares determined by the tenants. On the death of any of them, their interest passes in accordance with their will or the laws of intestacy. Transfers of part shares are possible under a tenancy in common.
What does every title reference for unallocated state land commence at?
Every parcel of unallocated State land has a title reference in the Automated Titles System commencing at 47000000.
What minerals and other materials are reserved to the State?
With very few exceptions, all minerals and petroleum are reserved to the State. These reservations were extended to include quarry material as from 31 December 1991.
When does a deed of grant issue?
A deed of grant issues when the land is alienated from the State, the particulars of which are recorded in the Freehold Land Register to create an indefeasible title.
Can an owner of freehold land request a paper certificate of title?
Owners of such land may request a Certificate of Title, being a paper copy of the indefeasible title, however, if the lot is mortgaged the consent of any mortgagee is required.
Who was the main architect of the Torrens Title System?
The main architect of the land titling system which now bears his name was Robert Richard
Torrens, who was born in Cork in 1814 and educated in Dublin. He arrived in South Australia in 1840 and was appointed Collector of Customs. In 1852, he became Registrar General and pursued, amongst others, the reform of the land title registration system.
What was the first state to use torrens title?
Despite bitter opposition, the Real Property Act 1858 (SA) was proclaimed in South Australia. Queensland was the first State to follow the lead of South Australia in introducing the Torrens System by the proclamation of the Real Property Act 1861.
Why is the system called ‘title by registration?
the system is ‘title by registration’, and not ‘registration of title’. That is, you must register your interest to have legal title.
How do you apply for a certificate of title?
On application by the registered owner in a Form 19 – Application for Title, the Registrar must issue a Certificate of Title. However, if the lot is subject to a registered mortgage, the consent of any mortgagee must be endorsed on the Form 19 (ss 42(1) and (2) of the Land Title Act 1994).
What happens if a registered proprietor has actual or constructive notice of an unregistered interest?
Notwithstanding actual or constructive notice of an unregistered interest affecting a lot, the registered proprietor of an interest holds that interest subject only to other registered interests and free from all other non-registered interests (ss 184(1) and 184(2)(a) of the Land Title Act 1994). Accordingly, a registered proprietor is only liable for a proceeding for possession of the lot or an interest in the lot if such proceeding is brought by the registered proprietor of an interest affecting the lot (s 184(2)(b) of the Land Title Act 1994). As a result of ss 184(1) and (2) of the Land Title Act 1994, a registered proprietor has indefeasibility of title.
When is an interest in a lot transferred or created?
Upon registration of an instrument that by its terms transfers or creates an interest in a lot, the interest is transferred or created and vests in the person identified in the instrument as the person entitled to the interest (s 182 of the Land Title Act 1994).
What is the rule about priority of documents?
Instruments have priority according to when each of them was lodged, not according to when they were executed (ss 177 and 178 of the Land Title Act 1994).
Where in the LTA can you find the exceptions to indefeasibility?
These exceptions can be found in ss 184(3)(b) and 185 of the Land Title Act 1994.
When and how can the Registrar correct a title if an exception to indefeasibility applies?
In certain circumstances where an exception to indefeasibility applies, the Registrar may correct the indefeasible title (s 186(1) of the Land Title Act 1994). The person affected by the correction may apply to the Supreme Court within one month after receiving notice of the correction for an order that the correction be amended or set aside (ss 186(2) and (3) of the Land Title Act 1994). Pursuant to s 187 of the Land Title Act 1994, the Supreme Court may make any orders which it considers just.
What are Water Allocations?
Water allocations are an entitlement created under the Water Act 2000. Water allocations once created and recorded in WAR are assets that are owned separately to land. They may be owned by non-landholders and traded. This is in contrast to both water licences and interim water allocations that generally attach to land and are not recorded in WAR.
