Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 15

15 Registrar may correct registers

(1) The registrar may correct any register kept by the registrar if the registrar is satisfied that—

(a) the register is incorrect; and

(b) the correction will not prejudice the rights of the holder of an interest recorded in the register.

(2) Without limiting subsection (1) , the registrar may correct a register under the subsection if—

(a) the register is incorrect because the registrar has incorrectly recorded a particular or registered an instrument; or

(b) the registrar has held an inquiry under division 4 , and has decided that the register is incorrect, including for example, because there has been fraud affecting the register.

(3) The registrar may correct a register kept by the registrar, whether or not the correction will prejudice the rights of the holder of an interest recorded in the register, if—

(a) the register to be corrected is the freehold land register, and the correction is to show, in relation to a lot, an easement the particulars of which have been omitted from, or misdescribed in, the register; or

(b) the Supreme Court has ordered the correction under section 26 .

(4) Section 185 (3) , (4) and (6) applies for subsection (3) (a) in the same way it applies for section 185 (1) (c) .

(5) The registrar’s power to correct a register includes power to correct a particular in the register or an instrument forming part of the register.

(6) If a register is corrected, the registrar must record in the register—

(a) the state of the register before the correction; and

(b) the time, date and circumstances of the correction.

(7) A register corrected by the registrar under this section has the same effect as if the relevant error had not been made.

(8) For subsection (1) (b) , the rights of the holder of an interest recorded in the register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the register was incorrect and how it was incorrect.