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QLD Land Searches Glossary

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Table of contents


A

ATS

Automated Title System

Administrative Advice

A document raised by a government authority to record certain advice relating to a parcel of land.


B

Base Parcel

The lot or lots that are subdivided by a plan, except in the case of BUP/GTPs (see Comatose Title).

BCCM

Body Corporate and Community Management. Hence BCCM Act.

Body Corporate

A legal entity created when land is subdivided and a community titles scheme is created.


C

Comatose Title

The title to the underlying parcel of land over which a Building Unit Plan or Group Title Plan was registered. Upon extinguishment of a BUP or GTP any dealing with the parcel reverted to this title. All comatose titles were cancelled with the introduction of the BCCM Act.

Common Property

Any part of a community title scheme which does not comprise part of a lot, such as common garden areas, stairways and lifts.

Common Property Pseudo Title

As paper titles are not created for common property, the ATS allocates a 'pseudo' title reference to manage related dealings.

Community Management Statement (CMS)

A document which identifies land under a community title scheme & complies with the BCCM Act.

Community Title Scheme (CTS)

A type of land subdivision incorporating both conventional land subdivision and strata subdivision that replaced building unit plans and group titles for most new developments after July 1997.

Consolidation

In relation to land, the combining of two or more land parcels into one parcel.

County

A basic division, further divided into parishes, for administrative purposes, especially for management and disposal of Crown lands. Counties are administrative divisions of the state and are not separately disposable land parcels.

Covenant

Generally a mutual agreement between two or more parties to do, or to refrain from doing, certain acts in relation to land. Often contained in lease agreements, but in these directions it particularly refers to a restrictive covenant (now a restriction on the use of land) or a positive covenant binding a proprietor to do or complete a specified action.


D

Dealing

Any action relating to a parcel of land, such as a transfer of interest.

Deed

Any legal document in relation to land which has been signed and executed.

Deed of Grant

Means both the land granted in fee simple by the state and the document that evidences the grant, including the indefeasible title.

Devolution of Law

The passing of title to land by the operation of law e.g. by a will or by the laws of distribution out of an intestate estate.


E

Easement

A right, attached to land (the dominant tenement), to use other land (the servient tenement) for a specified non-exclusive purpose known to the law, e.g. right of carriageway, easement to drain water.

Encumbrance

A right or claim upon land held by one other than the property owner. Includes mortgages, taxes, liens, easements, restrictions on the use of the land, etc.

Estate

An interest in land eg Estate in Fee Simple or Leasehold Estate


F

Fee Simple

An interest in land which is absolute and without limitation to inheritance. It implies full ownership in land, a tenure of which is called freehold.

Freehold

The status of land held under an estate in fee simple following alienation from the Crown.

Freehold Lease

The issue of freehold title has been approved, but the lessee is paying off the purchase price over time and the actual freehold title will not issue until the price is fully paid (may also be called Conditional Purchase).


I

Indefeasible Title

The indefeasible title for a lot is the current particulars in the land register about the lot. It is created when the particulars are recorded in the freehold land register.

Information Provider Department

Department of Natural Resources and Mines.

Instrument

Any document lodged with the Registrar of Titles for the purpose of affecting the Register, such as:

  • a deed of grant or certificate of title
  • a will, deed or power of attorney that may be used to deal with a lot
  • a map or plan of survey

J

Joint Tenancy

A form of co-ownership of a parcel of land by two or more persons jointly, with vesting of the interest of a deceased proprietor in the survivor(s).


L

Lease

An interest in land for a fixed term, usually in consideration of payment of rent.

Leasehold Estate

Lands held under a lease.

Lien

A right to retain a document until a debt is satisfied, e.g. the deeds to land under mortgage.

Lot

The legal description given to a parcel of land on a registered plan.


M

Mortgage

A conveyance of property by a debtor to a creditor as security for a debt, on condition that it shall be returned on payment of the debt within a specified period.


N

NRM

Department of Natural Resources and Mines, the QLD Government department responsible for the ATS.


P

Parcel

A parcel of land defined by measurement as a lot in a deposited plan or as a Crown portion or allotment.

Parish

Parishes are administrative divisions of the state and are not separately disposable land parcels.

Perpetual Lease

A lease forever, unlimited in time.

Permit to Occupy

Short term occupation of State controlled land. This tenure can not be sold, sub-let or mortgaged.

Portion

When referring to a parcel of land means the basic land unit capable of separate disposition created by the Crown within the boundaries of a parish.

Proprietor

The person(s) seized or possessed of the freehold or other estate or interest in land and recorded on the title as being the owner.


R

Road

An area set aside for the present or future use of the travelling public.

Road Licence

Tenure where a road has been temporarily closed, allowing the licensee to use the land until such time as it is required once again for road purposes.


S

Servient Tenement

The land burdened by an easement.

Strata (stratum)

The concept of layer upon layer - lots, stacked one on top of the other. Hence, Strata Plan - a plan depicting vertical subdivision of land by buildings such as home units.

State Land

All land in Queensland that is not covered (for the time being) by the following conditions:

  • granted or contracted to be granted in fee simple by the State (that is, freehold)
  • reserved for or dedicated to public purposes
  • subject to any lease or licence lawfully granted by the State (except an occupation licence)

State Lease

A lease on state land with a specified purpose such as grazing or tourism. The three main types of state leases are term, perpetual & freehold.

Subdivision

The division of land into parts for separate occupation and/or disposition. The land may be subdivided either vertically or by stratum.


T

Tenancy in Common

A form of co-ownership of a parcel of land by two or more persons in unity of possession but each as to an undivided share, whether equal or unequal, each undivided share being capable of separate disposition.

Tenant

One who holds or possesses lands or tenements by any kind of right or title.

Tenure

The mode of holding or occupying unalienated Crown land such as freehold or perpetual lease.

Term Lease

For a term anywhere between 1 and 100 years.

Transfer

The passing of any estate or interest in land, whether for valuable consideration or otherwise

Transmission

The acquirement of title to or interest in land as a consequence of the death, will, intestacy or bankruptcy of a proprietor.

Trust Land

A description that covers both reserves and deeds of grant in trust. Basically, land that has been set aside for a particular public or community purpose.


U

Unallocated State Land (USL)

Also called Vacant Crown Land. State land not under an occupation licence or some other interest.

Unregistered Dealing

An instrument which has been lodged with the Registrar but not yet registered.

Utility Lot

A strata lot designated for a specific purpose such as garage, parking space or garden shed.