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©State of Queensland
REAL PROPERTY ACTS AMENDMENT ACT 1952-1986
ANALYSIS OF CONTENTS
PART I-PRELIMARY l. Short title
2. Parts of Act
PART II-AMENDMENTS OF THE REAL PROPERTY ACTS 3-38. Amended Real Property Acts, 1861-1946
39-44. Amended Real Property Act of 1877
PART III-TITLES BY POSSESSION DIVISION I-PROHIBITION OF TITLES BY POSSESSION 45. Interpretation
46. General prohibitions 47. Encroachment 48. Crown corporations 49. Repeal of the Imperial Act
DIVISION II-REGISTRATION OF TITLES BY POSSESSION 50. Who may apply for title by possession
51. Where application to be lodged 52. Form of application
53. Registrar of Titles may require additional information and documents 54. Rejection of application
55. Application to be publicly advertised 56. Objection to application to be by caveat
57. When certificate of title by possession may be issued
58. Cancellation of existing instruments of title consequent on the issue of a certificate of title by possession
59. When future estates or interests barred by issue of certificate of title by possession 60. Withdrawal of application
QUEENSLAND
REAL PROPERTY ACTS AMENDMENT ACT
1952-1986[Reprinted as at 1 June, 1988]
Real Property Acts Amendment Act of 1952, 1 Eliz. 2, No. 43 As amended by
Real Property Acts and Other Acts Amendment Act 1986, No. 26, Part VI
Part VI commenced 9 June 1986 (Proc. pubd. Gaz. 7 June 1986, pp. 1103-1104).
An Act to amend "The Real Property Acts, 1861 to 1946," in certain particulars, and for other purposes.
(ASSENTED TO 4 DECEMBER, 1952]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. (1) Short title. This Act may be cited as "The Real Property Acts Amendment Act of 1952."
(2) Construction. This Act shall be read as one with-
(a) The "Real Property Act of 1861," "The Real Property Act of 1877," "The Registrar of Titles Act of 1884," "The Real Property (Local Registries) Act of 1887," "The Real Property (Commonwealth Titles) Act of 1924," "The Real Property (Commonwealth Defence Notification) Act of 1929," and
"The Real Property Acts Amendment Act of 1942"; and (b) The provisions amending the Acts, or any of the Acts, cited
in paragraph (a) of this subsection of the following Acts, namely section two of "The Central and Northern Districts Boundaries Act of 1900," section two and the First Schedule of "The Land Surveyors Act of 1908," section three and the Schedule of "The Public Curator Act of 1915," subsection one of section two of "The Trade Unions (Property) Act of 1922," section seven of"The Justices Acts and Real Property Fees Act of 1932," and section five of "The Australian Consular Officers Notarial Powers and Evidence Act of 1946."
(3) Collective title. The Acts cited in paragraph (a) of subsection two of this section, the provisions amending those Acts of the Acts
2 s. 2 REAL PROPERTY ACTS AMENDMENT ACT
1952-1988 s.47
cited in paragraph (b) ofi subsection two of this section, and this Act may collectively be cited as "The Real Property Acts, 1861 to 1952."
(4) Principal Act. In this Act the "Real Property Act of 1861," as heretofore amended, is. referred. to as the Principal Act.
Collective title conferred by Act of 1986, No. 26, s. 109 (2).
2. (1) Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY;
PART II-AMENDMENTS OF THE REAL PROPERTY ACTS;
PART III-TITLES BY PossESSION.
(2) Division of Part III. Part III of this Act is further divided into divisions as follows:;_
DIVISION I-PROHIBITION OF TITLES BY POSSESSION;
DIVISION II-REGISTRATION OF TITLES BY POSSESSION.
PART II-AMENDMENTS OF THE REAL PROPERTYACTS 3-38. Amended Real Property Acts, 1861 to 1946.
39-44. Amended Real Property Act of 1877.
PART III-TITLES BY POSSESSION
DIVISION I-PROHIBITION OF TITLES BY POSSESSION
45. Interpretation. In this Part of this Act, unless the context otherwise indicates or requires,-
(a) The term "the Acts" means "The Real Property Acts, 1861 to 1952"; and
(b) The term "this Act" means this Part of this Act.
46. General pJ:ohibitions; A person shall not obtain a title by possession to any land under the Acts or any interest therein save and except under, subject to, and in accordance with this Act.
47. Encroachment. Whereas parts of parcels of lands under the Acts may have been before. the passing· of this Act or may be hereafter encroached upon by a building or any part thereof or by the enclosure of those parts with contiguous lands by means of a wall, fence, hedge, ditch, or other means whatsoever of demarcating boundaries between lands erected or put on a line on the lands so encroached upon which is not the true boundary thereof as shown in the plan on the deed of grant or certificate of title theref0r:
And whereas it is not desirable that a person should obtain a title by possession to parts of land encroached upon by any building or part thereof or by enclosure as aforesaid:
Now therefore be it hereby enacted that a person shall. not obtain under this Act a title by possession to parts of parcels of lands under the Acts so encroached upon.
s.48 REAL PROPERTY ACTS.AMENDMENT ACT 1952"1988
s. 52 3
48. Crown corporations. A person shall not obtain under this Act a title by possession to any land under the Acts or to any estate or interest in any land under the Acts whereof any Crown corporation or instrumentality or any corporation or instrumentality representing the Crown is the registered proprietor or wherein such -a corporation or instrumentality has or shall have had an interest save .and except with the prior consent in writing of that corporation or instrumentality.
49. Repeal of the Imperial Act. To the extent to·which the Imperial Act intituled "The Crown Suits Act of 1769" is in force in the State of Queensland that Act is repealed.
DIVISION 11-REGISTRA TION ·OF TITLES BY POSSESSION
50. Who may apply for title by possession. (1) Subject to sections forty-five to forty-eight, both inclusive, of this Act a person who would have obtained a title by possession to any land under the Acts if that land had not been under the Acts may apply to the Registrar of Titles for the issue to him of a certificate of title to that land.
(2) The following persons shall be entitled to so apply, namely:- (a) Any person claiming to be entitled to an estate in fee simple
in possession;
(b) Any person claiming to be entitled beneficially for an estate of freehold in possession;
(c) Any guardian of any minor claiming to be entitled to an estate of freehold in possession in the name of such minor;
(d) The committee or administrator of the estate of any mentally sick person claiming to be entitled to an estate of freehold in possession in the name of such mentally sick person.
51. Where application to be lodged. Where land the subject of an application under this Act is situated within the Central District or the Northern District as defined in "The Real Property (Local Registries) Act of 1887'' as amended by "The Central and Northern Districts Boundaries Act of 1900," the application and all documents including caveats relating to such application shall be lodged at the Local Registry for the District in which the land is so situated:
Provided that the Local Deputy Registrar shall only perform such duties and powers imposed and conferred upon the Registrar of Titles by this Act as the Registrar of Titles shall direct.
52. Form of application. ( 1) Every such application shall-
(a) Be in writing in the form prescribed under the Principal Act;
(b) Be signed by the applicant;
(c) State the estate or interest in such land applied for;
(d) State full particulars of the possession upon which the application is based;
4 s. 53 REAL PROPERTY ACTS AMENDMENT ACT
1952-1988 s. 54
(e) State whether any documents of title affecting the land are in his possession or under his control;
(f) State the nature of every estate or interest held by other persons at law or in equity in such land within the applicant's knowledge;
(g) Whether the land be occupied or unoccupied and if occupied the name and description of the occupant and the nature of his occupancy;
(h) The names and addresses of the occupants and proprietors of all lands contiguous to the land in respect of which the application is made so far as is known to him; and
(i) State the value as at the time of making the application of the land including all the improvements thereon;
(j) State that he verily believes himself to be entitled to the estate or interest in respect of which he applies for the certificate of title.
(2) Such statement shall be verified by the oath or statutory declaration of the applicant.
(3) The applicant shall deposit with his application all documents of title affecting the land in his possession or under his control and shall, if required by the Registrar of Titles, furnish him with a plan of survey of the land in respect of which the application is made.
As amended by Act of 1986, No. 26, s. 110.
53. Registrar of Titles may require additional information and documents. (1) The Registrar of Titles may require an applicant to furnish him with all such additional information, verified by oath or statutory declaration, and documents relating to his application as the Registrar of Titles deems fit.
(2) The Registrar of Titles and the Master of Titles shall consider each application including all information and documents furnished therewith and any additional information and documents furnished pursuant to a requisition by the Registrar of Titles.
54. Rejection of applications. ( 1) If either the Registrar of Titles or the Master of Titles is satisfied that the evidence does not establish the title by possession to the land of the applicant the Registrar of Titles shall reject the application:
Provided that if both of them are satisfied that the evidence of the claim is only imperfect or incomplete because of possible claims by persons who may have an estate or interest in reversion or remainder or other future estate or interest in the subject land, or who may claim by virtue of such an estate or interest having become an estate or interest in possession, the Registrar of Titles may, in lieu of rejecting the application, proceed as hereinafter provided.
(2) Any person claiming to have an estate or interest in reversion or remainder or other future estate or interest or claiming by virtue of
s.55 REAL PROPERTY ACTS AMENDMENT ACT
1952-1988 s. 56 5
such an estate or interest having become an estate or interest in possession, in any land may give written notice thereof at any time before the issue of a certificate of title by possession under this Part of this Act to the Registrar of Titles.
Such notice shall contain the following:-
(a) Such description as may be sufficient to identify the land in respect of which the estate or interest is claimed;
(b) Particulars of the nature and of the origin of the estate or
interest claimed; ,
(c) An address at which notices may be served on the claimant.
Any such person may at any time give written notice to the Registrar of Titles of any change in the facts set forth in such first written notice.
55. Application to be publicly advertised. If an application is not rejected, the Registrar of Titles shall cause a notice of the application in a form fixed by him-
(a) To be published once at least in a Gazette and in a newspaper circulating in the neighbourhood of the land and if he thinks necessary in any other newspaper;
(b) To be given by registered post to any person who has given him the written notice mentioned in subsection two of section fifty-four of this Act at the last address notified pursuant to that subsection;
(c) To be given by advertisement or otherwise in such manner as he shall think fit to any person who, in the opinion of the Registrar of Titles or of the Master of Titles has or may have any estate or interest in the land; and
(d) To be published in any other way or given to any other persons as he or the Master of Titles deems fit.
(2) The notice shall fix a time not less than two months nor more than three years from the first publication of the notice in the Gazette at or after the expiration of which the Registrar of Titles may, unless a caveat is lodged, grant the application.
56. Objection to application to be by caveat. ( 1) A person claiming an estate or interest in the land to which an application under this Part of this Act relates may, at any time before the application is granted, lodge with the Registrar of Titles a caveat in the form prescribed under the Principal Act forbidding the issue of a certificate of title by possession under this Act.
Such caveat shall state the nature of the estate or interest claimed by the person lodging it, the ground upon which it is founded, and shall give an address at which notices and proceedings relating to the caveat may be served.
The Registrar of Titles may require a caveator to furnish him with all such additional information verified by oath or statutory declaration
6 s. 57 REAL PROPERTY ACTS AMENDMENT ACT
1952-1988 s. 57
and documents relating to his caveat as the Registrar of Titles deems fit.
(2) If the Registrar of Titles or the Master of Titles is satisfied that the caveator is the registered proprietor of the land to which the application relates or has an estate or interest in that land derived through, under or from the registered proprietor, the Registrar of Titles shall refuse the application:
Provided that, if any person is proved to, the satisfaction of the Registrar of Titles and the Master of Titles to be entitled to an estate or interest in or over the said land less than an estate in fee simple, the Registrar of Titles may, instead of refusing ,the application solely on that ground, with the consent of the applicant1 make a recording in the register and endorse on any certificate of title issued to the applicant that the land is subject to such estate or interest in the land.
(3) If both the Registrar of Titles and the Master of Titles are not satisfied that the caveator is the registered proprietor of the land or has an estate or interest therein derived through, under or from the registered proprietor, the Registrar of Titles shall give, in the manner set forth in section one hundred of the Principal Act as amended by "The Real Property Acts Amendment Act of 1952," notice to the. caveator that the caveator is required to take proceedings in the SupremeGourt to establish his title to the estate or interest claimed by him within-a,time specified in the notice being not less than six months. after the,giving thereof.
( 4) If a caveator who has received such a notice from' the Registrar of Titles does not, within the time mentioned in the notice, bring an action in the Supreme Court to obtain a declaration· that:he is entitled to the estate or interest claimed by him and give written,notice thereof to the Registrar of:Titles or obtain from the Co,urt an order:-or'injunction restraining the Registrar of Titles from issuing a certificate _of title by possession to the applicant under this Act, the caveat shall lapse.
(5) The lapsed caveat shall not unless by leave of the Supreme Court be renewed by;,or on behalf of the same -person in respect of the
same estate or interest. -
(6) In any proceedings to establish the title of the caveator the issue for the Supreme Court to decide shall be whether the caveator is the registered proprietor, of the land or is entitled to an estate or interest therein derived through, under or from the registered proprietor or the applicant.
As amended by Act of 1986, No. 26, s. 111.
57. When certificate of title by possession may be .issued. Upon or after the expiration of the time fixed by the notice under section fifty- five of this Act, if the Registrar of Titles and the Master of Titles are satisfied that the possession on which the applicant relies would, if the land had not been under "The Real Property Acts, 1861.to 1952," have conferred on the applicant a title by possession, the Registrar of Titles may record in the register the applicant as proprietor for an estate in fee simple or for any other estate acquired by the applicant, free from
s.58 REAL PROPERTY ACTS AMENDMENT ACT
1952-1988 s.59 7
all estates, interests, daims or encumbrances appearing by the register to affect the existing title, excepting those specified in the proviso to subsection two of section fifty-six of this Act, and further excepting any estate, interest, claim encumbrance or notice, so registered in favour of the Crown, any Crown corporation or instrumentality or corporation or instrumentality representing the Crown, Brisbane City Council or any other Local Authority and shall issue to the applicant a certificate of title in accordance with the register:
Provided that. where a caveat has been lodged against the granting of an application the Registrar of Titles shall not (except under and subject to the proviso to subsection two of section:1ifty~six of this Act) grant the application unless the caveat has lapsed, or;;proceedings taken by the caveator to establish his title have been finalfyrdisposed of, and in those proceedings the. caveator has failed to e.stablish his title or. to , obtain from the Supreme-court an injunction restrain)$' the Registrar
of Titles from issuing a certificate of title to the applicant.
As amended by Act of 1986, No. 26, s. 112.
58. Cancellation ofexisting instruments of title .. conseg.:tent on. the -issue of a certificate of title by possession. ( 1) Where a _..QtlJ1ificate of
titkfor any land is issued under this Part, the Registrar_of1ritles- (a) Shall cancel the existing deed of grant occertifi~ of title
· for that land and any recprding in the register alt~ether or to such extentasis necessary to give effect:tothec®ttif!cate of title issued.
(b) (Repealed).
'(2) Upon the recording in Jhe register of the applicant's estaite or .inte£est, the prior estate or interest evidenced in the register shalhcease and determine.
As amended by .Act of 1986, No. 26, s. -113.
59. When future estates or interests 'bar~:ed by issue of certificate of title by possession. Where, in respect of:any land for which title 'by possession under _this Act shall have been recprded in the n;gister arid a certificate of title in respect thereof shall have issuecl., a persQn claiming-
(a) To have an estate or interest in re;version or remainder or other future estate or interest (or to ;have had such an estate or interest which has become an estate or interest in possession); and
(b) That he acquired that estate or interest prior to the issue of such certificate of title by possession,
shall, before the issue of that certificate of title, have neither-
(i) Given to the Registrar of Titles a written notice pursuant to subsection two of section fifty-two of this Act; nor (ii) Taken any of the other steps provided by this Act to protect
his estate or interest,
then his right to make an entry or distress or to bring an action to recover the land or rent shall for all purposes be deemed to have first
8 s.60 REAL PROPERTY ACTS AMENDMENT ACT
1952-1988 Sch.
accrued as though his estate or interest had become an estate or interest in possession on the date the person entitled to be in possession of the land or in receipt of the profits or rents of the land was first dispossessed or discontinued such possession or receipt of such rents or profits.
As amended by Act of 1986, No. 26, s. 114.
60. Withdrawal of application. It shall be lawful for any applicant to withdraw his application at any time prior to the issuing of a certificate of title and the Registrar of Titles shall in such case upon request in writing signed by such applicant return to him all documents deposited by him for the purpose of supporting his application.
SCHEDULE.
[SECTION 52]
Repealed by Act of 1986, No. 26, s. 115.
BY AUTHORITY
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1988
80143 (Rjul60) 6/88
INDEX
TO THE
REAL PROPERTY ACTS AMENDMENT ACT
1952-1986Act-
construction of.
division of Part III of general prohibitions re interpretation of parts of short title of Apt;Jiicant-
A
Registrar of Titles may require additional information. etc .• from Application-
rr tiHe by possession- form of
objection to. to be by caveat rejection of
to be made to Registrar of Titles re certificate of title to land
to be publicly advertised where. to be lodged withdrawal of
Certificate of titlc- re title by possession-
c
when future estates or interests barred by issue of.
when may be issued
cancellation of existing instruments on issue of Caveat-
lapsing of. re? proceedings re title not to be renewed without leave of Court objection to application to be by Construction of Act
Crown corporations
Division of Part Ill of Act
Encroachment
D
E
S, I (2).
2 (2).
46 45
2 (I).
I (1).
53 (I)
52 56 54 50 (I).
55 51 60
59 57 58
56 (4) 56 (5) 56
I (2) 48
2 (2)
47
Page
I 2 2 2 2 I
4
3 5 4
6 6 5
10
Form of application
General prohibitions
Imperial Act- repeal of Interpretation
Land-
encroachment re Local Registry-
application and documents to -be lodged at
Ma<tcr of Titles-
rejection of applications rr JO consider each application
Notice-
INDEX
F
G
I
L
M
N
to be Jurnishcd to Registrar of Titles n• person claiming estate in reversion. etc.
0
Q~jcction to application to be by caveat
p
Parts of Act
s. 52
46
49 45
47
54 (I) 5-3 (2)
54 (2)
5b
2 (I)
Page
2
.4 4
INDEX
R
Registrar of Titles-
application to be made to, re certificate of title to land may refuse applications
may reject applications .
may request plan of survey from applicant may require additional information and documents power to-
give notice to caveator N! proceedings re title require information re caveat
to consider each application
to receive notice re person claiming estate in reversion. etc.
Rejection of applications Repeal of the Imperial Act
Short title of Act Supreme Court-
issue to be decided by, re title to land leave of, to renew caveat
Title by possession- who may apply for
s
T
w
When certificate of title by possession may be issued Where application to be lodged
Who may apply for title by possession
BY AUTHORITY
s. 50 (I) 56 (2).
54 (I) . 52 (3) 53 56 (3) . 56 (I) . 53 (2) . 54 (2) 54 49
I (I)
56 (6) 56 (5) .
50
57
51 50
S. R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1988
80143 (ljul60)-12/88
Page II
3 6 4 4 4 6 5 6 4 4
6 6
