Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 8

8 Subdivision

(1) Land may be subdivided into lots and common property by the registration of a plan in the manner provided by or under this Act.

(2) A lot may consist of separate parts.

(3) When a plan has been registered—

(a) each lot comprised therein may devolve or be transferred, leased, mortgaged or otherwise dealt with; and

(b) subject to the approval of the local government to the lease, a lease of part of a lot and, in the case of a group titles plan, of part of any improvements on a lot may be registered;

in the same manner and form as any other land held under the provisions of the Land Title Act 1994 .

(3A) Easements to or over lots may be registered.

(4) Upon the recording of particulars of the plan in the register the plan shall for the purposes of the Land Title Act 1994 be deemed upon registration to be embodied in the register; and notwithstanding the provisions of that Act, a proprietor shall hold the proprietor’s lot and the proprietor’s share in the common property subject to any interests affecting the same for the time being notified on the registered plan and subject to any amendments to lots or common property shown on that plan.

(5) Upon registration of a plan the registrar of titles shall thereafter be authorised to issue a separate certificate of title for each lot showing that the proprietor holds the share of the common property appurtenant thereto in accordance with the lot entitlement set forth in the plan.