Office Circular No. 4-2012
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DATE: 15 November 2012CIRCULAR MEMORANDUM: 4/2012DISTRIBUTION: GENERALSUBJECT: Amendment of the Land Titles Act 1980The Land Titles Amendment Act 2012 (Amendment Act) received Royal Assent on 13 November 2012.
The Amendment Act amends the Land Titles Act 1980 (the Act) to reflect changes in practice and changes in technology since 1980, to extend electronic lodgment of dealings, and provide for consistency between provisions.
The Amendment Act contains the following amendments:
- amendment of the Assurance Fund provisions to allow the Minister to approve claims to the value of $10 000 or less without recourse to the Governor-in-Council, as is now the case;
- the introduction, in specific instances, of the cancellation of caveats. A registered proprietor is able to apply for the cancellation of a caveat without lodging a dealing;
- amendment of section 142 to improve the procedure for holding an inquiry into boundary rectifications, introduce an investigation process, specify when the Recorder of Titles of his/her own motion can apply under section 142, and clarify when section 142 applies to sealed plans under the Local Government (Building and Miscellaneous Provisions) Act 1993;
- inclusion of a general power for the Recorder of Titles to require advertisements and notices where the Recorder considers it necessary;
- provision is made to extend electronic lodgment of dealings to any dealing or instrument able to be lodged under this or any other Act.
Attached is a list of amended and new sections.
The Amendment Act improves the practical application of the Act and updates the Act in order to benefit from changes in technology and practice.
This will achieve improved performance during the examination and registration processes, and maintain the Register.
The amended Land Titles Act 1980 can be accessed at the Tasmanian Government's legislation website www.thelaw.tas.gov.au
ALICE KAWA
Recorder of Titles
Amended
Section 3 | Interpretation |
Section 11 | Applications to bring land under this Act |
Section 13 | Notices |
Section 14 | Caveat forbidding the bringing of land under this Act |
Section 17 | Land may be brought under this Act on registration of instruments under the Registration of Deeds Act 1935 |
Section 19 | Land may be brought under this Act at the instance of the Recorder |
Section 25 | Caution to lapse after 20 years |
Section 27A | Certain Crown land may be brought under this Act |
Section 33 | The Register, certificates of title and registration |
Section 36 | Searches of public records |
Section 40 | Estate of registered proprietor indefeasible |
Section 46 | Folio of the Register void in certain cases |
Section 48 | Dealings to be attested; order of registration; priority of dealings |
Section 48A | Lodgment of dealings and instruments |
Section 48B | Authority for lodgment by electronic process |
Section 48C | Lodgment of supporting documents |
Section 50 | Dealings not to be registered except in accordance with this Act |
Section 51 | Recording of dealing on certificate of title &c. |
Section 54 | Delivery of certificate of title or duplicate registered dealing |
Section 58 | Transfer |
Section 61 | Sale under writ |
Section 63 | Severance of joint tenancy |
Section 71 | Folio of the Register for a leasehold estate |
Section 76 | Postponement of mortgages and encumbrances |
Section 78 | Power to sell and appropriation of proceeds |
Section 102 | Covenants which run with freehold registered land |
Section 108 | Release and extinguishment of easements and profits a prendre |
Section 110 | Rectification of easements, &c., in old subdivisions |
Section 137 | No registration affecting land in respect of which caveat lodged |
Section 138D | Recorder may make vesting order in certain circumstances when purchaser in possession |
Section 138E | Caveat forbidding granting of application under section 138D |
Section 138F | Restriction on renewal of caveats |
Section 138H | Application to unregistered land |
Section 138J | Acquisition of easements by possession |
Section 138K | Applicant to notify owner of servient tenement |
Section 138L | Requirements for application |
Section 138V | Requirements for title by possession |
Section 138W | Registered proprietor to hold land on trust |
Section 138X | Power of Recorder to make vesting order |
Section 142 | Rectification of boundaries, area or position of land |
Section 143C | Recorder may correct errors on plans |
Section 144 | Proprietor if dissatisfied may summon Recorder to show cause |
Section 146 | Mortgagee, encumbrancee or lessor may obtain possession in certain cases |
Section 150 | The assurance fund |
Section 153 | When action may lie against Recorder as nominal defendant |
Section 154 | Date of deprivation in certain cases |
Section 155 | Person sustaining loss may apply for compensation |
Section 158 | Limitation of actions |
Section 162 | Recorder may require map to be deposited |
Section 168 | Service, &c., of notices |
Section 170 | Regulations |
New
Section 104A | Discharge of covenants in gross |
Section 136A | Cancellation of caveat on application of proprietor of estate or interest |