Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 114

114 Applying for Supreme Court order

(1) This section applies to—

(a) the Attorney-General; or

(b) a trustee or beneficiary under a trust; or

(c) a personal representative, a devisee or anyone else interested in—

(i) a lot of a deceased registered proprietor; or

(ii) a trust involving a lot of a deceased registered proprietor; or

(iii) a lot registered in the name of a person as personal representative.

Example of a person interested in a lot mentioned in subparagraph (iii)—

a person claiming to be entitled to be appointed as personal representative in the place of the person in whose name the lot is registered

(2) A person to whom this section applies may apply to the Supreme Court for an order that a named person be registered as proprietor of a lot.

(3) The Supreme Court may make 1 or more of the following orders—

(a) that a person be registered as proprietor of the lot;

(b) that a person be removed from the freehold land register as proprietor of the lot;

(c) that a caveat be lodged to protect a person’s interest in the lot;

(d) that a person advertise in a specified form, content or way;

(e) that costs be paid by any person or out of any property.

(4) The registrar must register particulars of an order if a request to register the order is lodged and an office copy of the order is deposited.

(5) An order does not vest an interest in the lot until it is registered.