DATE: 15 November 2012

CIRCULAR MEMORANDUM: 4/2012

DISTRIBUTION: GENERAL

SUBJECT: Amendment of the Land Titles Act 1980

The 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