Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 251

251 Claims by persons claiming to be entitled to land or registrable interests

(1) In respect of any land which has become vested in the public trustee under section 250 , a person claiming that but for section 250 the person would have been entitled after application to the registrar to have such land brought under the Real Property Acts and to have a certificate of title issued in respect of the land may make application to the registrar in the same manner in so far as is applicable to the circumstances of the case for the issue of a new certificate of title in respect of such land in such form and to such person as but for section 250 the person would have been entitled to have issued and on the making of the application the Real Property Acts shall apply to such application, as if it were an application to bring unregistered land under those Acts, with any necessary modification to meet the circumstances of the case.

(2) If upon such application the master of titles would have been satisfied as to the claim of the applicant and the registrar would have brought such land under the Real Property Acts if such land was unregistered land which had not become vested in the public trustee, the registrar shall issue a new certificate of title to the land in the same manner as provided by the Real Property Acts in that case and shall cancel the certificate of title issued to the public trustee under section 250 .

(2A) However, before the issue of any new certificate of title under this section the applicant shall pay to the land registry such sum as the registrar shall determine as representing the costs reasonably attributable to such land incurred by the registrar in obtaining any plan of survey for the purposes of section 250 .

(3) Despite the proviso to the Real Property Act 1861 , section 16 , any person who claims to be entitled to an estate or interest in fee simple in any land which has vested in the public trustee under section 250 and who would have been a person entitled to make application to have the person’s estate or interest in the land brought under the Real Property Acts except for the proviso, may make an application to the registrar to have that estate or interest divested from the public trustee and vested in the person and the application shall be dealt with in the same manner as an application under subsection (1) .

(4) In respect of any land which has become vested in the public trustee under section 250 , a person claiming that the person would have been entitled to make application within the specific time under section 250 (5) to have any registrable interests in respect of the land noted may make application to the registrar in the same manner in so far as is applicable to the circumstances of the case to have such interests noted on the certificate of title for the land and on the making of the application the provisions of the Real Property Acts shall apply to such application, as if it were an application to bring unregistered land under those Acts, with any necessary modification to meet the circumstances of the case.

(5) If an applicant shall establish a claim under subsection (4) , the registrar shall note the interest of the applicant on the certificate of title for the land in the same manner as is provided in the Real Property Act 1861 , section 33 .