Land terms glossary

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A

Administrative advice

Document raised by a government authority to record certain advice relating to a parcel of land.

B

Base parcel

Lot or lots that are subdivided by a plan.

Body corporate

Legal entity made when land is subdivided and registered under the Land Title Act 1994 (Qld) to create a community titles scheme.

C

Comatose title (historical)

The title to the underlying parcel of land over which a Building Unit Plan (BUP) or Group Title Plan (GTP) was registered. After removing a BUP or GTP, any dealing with the parcel reverted to this title.

All comatose titles were cancelled with the introduction of the Body Corporate and Community Management (BCCM) Act 1997 (Qld).

Common property

Any part of a community title scheme which does not comprise part of a lot, such as common garden areas, stairways and lifts.

Community Management Statement (CMS)

Document which identifies land under a community title scheme and complies with the BCCM Act.

Community Title Scheme (CTS)

A type of land subdivision incorporating land and strata subdivision that replaced BUPs and GTPs for most new developments after July 1997.

Covenant

Mutual agreement between two or more parties to do, or to refrain from doing, certain acts in relation to land.

D

Dealing

Any action relating to a parcel of land, such as a transfer of interest.

Deed

Any legal document in relation to land which has been signed and executed.

Deed of grant

Refers to both the land granted in fee simple by the state and the document that evidences the grant, including the indefeasible title.

Devolution of law

This is the passing of title to land by the operation of law, for example by a will or by the laws of distribution out of an intestate estate.

E

Easement

Right annexed to land to use other land in a particular manner, for example right of carriageway, easement to drain water.

Encumbrance

Right or claim upon land held by one other than the property owner. This includes mortgages, taxes, liens, easements, restrictions on the use of the land, and so on.

Estate

Interest in land, for example estate in fee simple or leasehold estate.

F

Fee simple

Interest in land which is absolute and without limitation to inheritance. It implies full ownership in land, a tenure of which is called freehold.

Freehold

The status of land held under an estate in fee simple following alienation from the Crown.

Freehold lease

Lessee is paying off the purchase price of a freehold over time. The actual freehold title will not issue until the price is fully paid (may also be called conditional purchase).

I

Indefeasible title

Current particulars in the land register about the lot. The title becomes indefeasible when the particulars are recorded in the Freehold Land Register.

Instrument

Any document lodged with the Registrar of Titles for the purpose of affecting the register, such as:

  • a deed of grant or certificate of title
  • a will, deed or power of attorney that may be used to deal with a lot
  • a map or plan of survey.

J

Joint tenancy

A form of co-ownership of a parcel of land by two or more persons jointly, with vesting of the interest of a deceased proprietor in the survivor(s).

L

Leasehold estate

Lands held under a lease.

Lien

Right to retain an ownership document until a debt is satisfied, for example the deeds to land under mortgage.

Lot

A separate, distinct parcel of land created on either:

  • registration of a plan of subdivision
  • recording of particulars of an instrument.

M

Mortgage

A mortgage is an agreement, or contract in writing, that provides security to a lender by giving them particular rights.

P

Parcel

Parcel of land defined by measurement as a lot in a deposited plan or as a crown portion or allotment.

Parish

Administrative divisions of the state. Parishes as identifiers are now only relevant for historical title searches.

Perpetual lease

Leaseholder holds lease in perpetuity.

Permit to occupy

Occupy or use state land (including unallocated state land, a road, reserve or stock route) for minor or temporary matters.

Proprietor

The owner of an estate or interest in land.

R

Road licence

Tenure where a road has been temporarily closed, allowing the licensee to use the land until it is required once again for road purposes.

S

Servient tenement

Land burdened by an easement.

State lease

Lease on state land with a specified purpose such as grazing or tourism. The three main types of state leases are term, perpetual and freehold.

T

Tenancy in common

Two or more persons who own a defined share of the property, whether equal or unequal.

Tenant

One who holds or possesses lands or tenements by any kind of right or title.

Tenure

Hold or occupy unalienated Crown land such as freehold or lease.

Term lease

Lease for anywhere between 1 and 100 years.

Transfer

Passing of any estate or interest in land.

Transmission

Acquire a title to or interest in land from the death, will, intestacy or bankruptcy of a proprietor.

Trust land

Land set aside for a particular public or community purpose.

U

Unallocated state land (USL)

Land in Qld that is not:

  • granted or contracted to be granted in fee simple by the state (that is, freehold)
  • road or reserve for or dedicated to public purposes
  • subject to any lease or licence lawfully granted by the state (except an occupation licence).

Unregistered dealing

Instrument that has been lodged with the registry but not yet registered.

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