Table Of Contents

Contents (1980 - 19)

1. Short title

2. Commencement

3. Interpretation

Part II - Administration

4. Appointment of Recorder, &c.

5. Seal of office

6. Powers and immunities of Deputy Recorder, &c.

7. Documents purporting to be sealed or signed by Recorder or Deputy Recorder, &c., to be received in evidence

8. Facsimile signature of Recorder or Deputy Recorder, &c.

Part III - Bringing land under this Act

Division 1 - Crown grant

9. Unalienated land, when alienated in fee, to be subject to this Act

10. Transfers to be used instead of grant deeds

Division 2 - Application

11. Applications to bring land under this Act

12. How application dealt with

13. Notices

14. Caveat forbidding the bringing of land under this Act

15. Withdrawal of application to bring land under Act

Division 3 - Completing the Register

16. Appointed day

17. Land may be brought under this Act upon registration of conveyance or mortgage

17A. Land to be brought under this Act upon subdivision

18. Land may be brought under this Act upon subdivision

19. Land may be brought under this Act at the instance of the Recorder

20. Refusal to comply with notice under section 19; making false or misleading statement, &c.

Division 4 - Qualified title

21. Qualified title

22. Subsisting estates and interests to be recorded on qualified title

23. Certain informal dealings may be registered

24. Qualified title may be cancelled or corrected in certain circumstances

25. Caution to lapse after 20 years

26. Application of this Act to land in qualified title

Division 5 - General provisions

27. Land not alienated from the Crown may be brought under this Act

27A. Certain Crown land may be brought under this Act

28. How certain estates and interests dealt with when land brought under this Act

28A. Restraining orders not affected when land brought under Act

29. Notice to be given in Registry of Deeds

30. Disposal of antecedent documents of title

31. Persons to produce deeds

32. Land may be described by verbal description if no survey available, &c.

Part IV - The Register and Certificates of Title

33. The Register, certificates of title and registration

34. Power of Recorder to make transparencies

34A. Power to sell, destroy or otherwise dispose of certain documents

35. Lost certificate of title, folio of the Register, or duplicate registered dealing

36. Searches of public records

37. Copies of public records

38. Evidence of Register when kept in a computer

Part V - The Effect of Registration

39. Folio of the Register conclusive evidence of title, &c.

40. Estate of registered proprietor indefeasible

41. Purchaser from registered proprietor not to be affected by notice

42. Purchasers and mortgagees protected

43. Validity of registration in name of deceased person

44. Persons jointly registered to be joint tenants

45. In suit for specific performance, folio of the Register conclusive evidence of title, &c.

46. Folio of the Register void in certain cases

47. Certificate, recording, &c., procured by fraud void as between all parties to fraud

Part VI - Estates and Interests in Land and Registration of Dealings

Division 1 - General provisions

48. Dealings to be attested; order of registration; priority of dealings

48A. Lodgment of priority notices, caveats and plans

48B. Authority for lodgment by electronic process

48C. Lodgment of supporting documents

49. Instruments not effectual until registered

50. Dealings not to be registered except in accordance with this Act

51. Recording of dealing on certificate of title, &c.

52. Priority notices

52A. Attorney-General to give notice of forfeiture orders

53. Dealing may be registered prior to grant from the Crown

54. Delivery of certificate of title or duplicate registered dealing

55. Effect of reference to plan

56. General covenants implied in dealings

57. Implied covenants may be modified or negatived

Division 2 - Transfers

58. Transfer

59. Transferee of land subject to mortgage or encumbrance to indemnify transferor

60. Transfers of mortgages, encumbrances, and leases

61. Sale under writ

62. Dealings with lands of the Crown under Act

Division 3 - Severance of joint tenancy

63. Severance of joint tenancy

Division 4 - Leases

64. Leases

65. Surrender of lease

66. Covenants implied in every lease against lessee

67. Powers in lessor

68. Recovery of possession and determination of lease

69. Provisions of Act as to leases to apply, with necessary modifications, to subleases

70. Extension or variation of lease

71. Folio of the Register for a leasehold estate

Division 5 - Mortgages and encumbrances

72. Creation of mortgage or encumbrance

73. Mortgage or encumbrance not to operate as transfer

74. Covenants implied in every memorandum of mortgage

75. Submortgages

76. Postponement of mortgages and encumbrances

77. Procedure in case of default

78. Power to sell and appropriation of proceeds

79. Power of mortgagee to sell or lease mortgaged land and other land together

80. Notice or lapse of time may be dispensed with

81. Effect of registration of sale by mortgagee or encumbrancee

82. Remedies of mortgagee or encumbrancee upon default

83. Mortgagee or encumbrancee may distrain for arrears of money secured under mortgage or encumbrance

84. Mortgagee or encumbrancee of leasehold entering into possession of rent and profits becomes liable to lessor

85. Mortgagee may apply to Recorder for order for foreclosure

86. Order for foreclosure

87. First mortgagee or encumbrancee to produce title for registration of subsequent dealing

88. Variation of terms of mortgage and encumbrance

89. Discharge of mortgage and encumbrance

90. Recorder may facilitate discharge of mortgage in certain cases

91. Application for order declaring mortgage, &c., discharged

92. Caveat by persons claiming under mortgage, &c.

93. Registration of order

94. Recording of satisfaction of encumbrance

Division 6 - Transmissions

95. Interpretation

96. Transmission on bankruptcy

97. Disclaimer or lease under Commonwealth Act

98. Transmission on death (old procedure)

99. Transmission on death to personal representative

100. Registration of survivor of joint proprietors, &c.

Division 7 - Re-entry on condition broken

101. Re-entry determining fee

Division 8 - Covenants running with the land

102. Covenants which run with freehold registered land

103. Effect of identity of parties to covenant

104. Discharge of covenants

Division 9 - Easements and profits à prendre

105. Creation of easements

106. The Register as evidence of easements

107. Profits à prendre

108. Release and extinguishment of easements and profits à prendre

109. Effect of unity of seisin on registered easements, &c.

110. Rectification of easements, &c., in old subdivisions

Division 10 - Recording of highways

111. Highways not to be registered as estates

112. Recording of highways

Division 11 - Estates tail

113. Tenancies in tail to pass fee simple

114. Where successive life estates are given to parent and child with estate tail to grandchild, parent and child may bar entail

115. Tenant in tail under this Act entitled to deal with estate as effectually as tenant in tail under general law

116. Transferee from tenant in tail may be registered for larger estate which tenant may confer

Division 12 - Acquisition by possession, statute, &c.

117. Acquisition of title by possession

118. Caveat forbidding granting of application under section 117

119. Vesting order and its effect

120. Recorder may register as proprietor person who is entitled to land by operation of any Act

121. Recorder to carry out order of Supreme Court vesting trust estate

122. Registration of dealing by person appointed by court

123. Recorder may make vesting order in certain circumstances when purchaser in possession

124. Caveat forbidding granting of application under section 123

Division 13 - Compulsory acquisition

125. Interpretation

126. Registration of acquiring authority as proprietor

127. Acquiring authority to be responsible to persons injured by operation of this Division

128. Acquiring authority not to have claim in respect of acquired land

129. Notice to treat, or notice of intention to acquire to be given to Recorder

130. Repealed

Part VII - Settled Land

131. Application of Settled Land Act 1884 to land held under this Act

Part VIII - Trusts

132. Trusts

Part IX - Caveats

133. Caveat against dealings

134. Caveat may be lodged by judgment creditor

135. Proceedings to remove caveat

136. Lapsing of caveat

137. No registration affecting land in respect of which caveat lodged

138. Compensation for lodging caveat without sufficient cause

Part X - Amendment of the Register

139. Correction of errors

140. Cancellation of superfluous recordings

141. Powers of Supreme Court to direct cancellation of folio or recording in certain cases

142. Rectification of boundaries, &c.

143. Effect of certain corrections

Part XA - Approval of Plans

143A. Recorder may specify format, &c., of certain plans

143B. Recorder may require information, &c., in respect of plans, &c.

143C. Recorder may correct errors on plans

143D. Recorder may require substitute plans

143E. Balance plans to be provided

143F. Notice of rejection of plan to be given

143G. Giving of notice

143H. Accompanying document defined

143I. Power of Recorder to rearrange plans

Part XI - Civil Rights and Remedies

Division 1 - General

144. Proprietor if dissatisfied may summon Recorder to show cause

145. Action by person claiming as beneficiary may be brought in name of trustee

146. Mortgagee, encumbrancee, or landlord may obtain possession in certain cases

147. Right of mortgagee of lease not to be barred

148. Right of mortgagor or encumbrancer tendering principal, &c., and paying same to Treasurer to obtain discharge of mortgage, &c.

149. Registered proprietor protected against ejectment, except in certain cases

Division 2 - The assurance fund and compensation from that fund

150. The assurance fund

151. Assurance fund not liable in certain cases

152. Compensation for party deprived of land

153. When action may lie against Recorder as nominal defendant

154. Date of deprivation in certain cases

155. Person sustaining loss may apply for compensation

156. Notice of action

157. Results of action

158. Limitation of actions

159. Moneys paid out of assurance fund may be recovered

Part XII - General Powers, Duties, and Immunities of Recorder

160. General powers of Recorder

161. Recorder may state case for Supreme Court

162. Recorder may require map to be deposited

163. Power of Recorder to call in certificate of title, &c., in certain cases

164. Powers of Court and Recorder

165. Protection of Recorder

166. Payment of money received by Recorder to persons entitled under this Act

Part XIII - Miscellaneous

167. Jurisdiction in relation to offences

168. Service, &c., of notices

169. Repealed

169A. Power of Recorder to approve forms

169B. False representation as to approved forms

169C. Recording of common provisions

169D. Incorporation of common provisions

169E. Payment of prescribed fees

170. Regulations

170A. Combination of forms

170B. Duty of Recorder to transmit notices

171.

172. Transitional provision

173. Repeal

Schedule 1 - Consequential Amendments

Schedule 2 - ACTS REPEALED

View whole Act Statutory Rules Legislative history

Search Act
Find Component
Find Legislation

Current Document
Amendments
SRs

Results: match 0 of 0 provisions

Previous Hit Next Hit

Return to search results

0 hits in page:

First Last

Land Titles Act 1980

Version current from 30 March 1998 to 27 April 2000 (accessed 5 April 2025 at 22:36)

Status Information

Currency of version

Version current from 30 March 1998 to 27 April 2000 (accessed 5 April 2025 at 22:36)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

(click to view Table of Amendments)

Responsible Minister and Department

See the latest Administrative Arrangement Order or view the Information Guides to Legislation

Authorisation

File last modified 18 July 2024

Tasmanian Legislation Tasmania's consolidated legislation online