Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 252

252 Vesting of land in Crown

(1) Despite any Act or rule of law to the contrary, if, within 12 years from the date when any land became vested in the public trustee under section 250 , no person establishes title to such land or to any registrable interests in the land it shall vest absolutely in the Crown.

(2) Any person who would have been entitled to make an application to the registrar of titles under section 251 in respect of such land may within a further period of 5 years after such vesting in the Crown apply to the court for an order that the registrar take such action as the registrar might have on an application under section 251 .

(3) On any such application the court may with the consent of the Crown grant such application if it considers it just and equitable to do so and on such terms and conditions if any as it thinks reasonable and any order made by the court under this section shall so far as necessary have the effect of a grant of that land to the person in whose favour the order is made.

(4) If the Crown shall not consent to such application the court, if it thinks it just and equitable to do so, may order the payment out of the assurance fund constituted under the Real Property Act 1861 , sections 42 and 43 to the applicant or any other person of such sum or sums of money as it thinks reasonable not exceeding in all the value of the land or of the interest of the applicant at the date of the vesting in the Crown.

Note—

Now see the Land Title Act 1994 , section 207 .

(5) In exercising its jurisdiction under subsections (3) and (4) , the court shall have regard to all the circumstances including whether there is reasonable excuse for any delay and for failure of the applicant or any other person to proceed under sections 250 and 251 .

(6) Whether or not any application has been made to the court under this section the Governor in Council may by order in council waive the right of the Crown in regard to the land or any part of the land on such terms (if any) whether for the payment of money or otherwise as to the Governor in Council seems reasonable in favour of any person having in the opinion of the Governor in Council a just claim in regard to the land or such part of the land and on the making of the order in council such land or such part shall vest in such person and on such trusts (if any) as may be specified in the order in council and a waiver under this subsection shall have the effect of a grant of such land or such part to that person in favour of whom the waiver is made.

(7) Even though any land has vested in the public trustee under this division, and whether or not it has vested subsequently in the Crown absolutely, any person claiming because of the operation of this division to have been deprived without default on the person’s part of some right or interest in respect to such land may make application to the court for payment of compensation in relation to such deprivation and the court may order the payment out of the assurance fund to the applicant or any other person of such sum or sums of money by way of compensation as to the court seems reasonable.