Land terms glossary
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Document raised by a government authority to record certain advice relating to a parcel of land.
Lot or lots that are subdivided by a plan.
Legal entity made when land is subdivided and registered under the Land Title Act 1994 (Qld) to create a community titles scheme.
Comatose title (historical)
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).
Any part of a community title scheme that does not comprise part of a lot, such as common garden areas, stairways and lifts.
Community management statement (CMS)
Document that identifies land under a community title scheme (CTS) and complies with the BCCM Act. Details in a CMS include:
- body corporate name
- lot entitlements schedule
The CMS identifies the scheme’s regulation module and references the relevant act for any exclusions or by-laws.
Each CMS has a CTS number and a unique dealing number. The CMS dealing number is on all irrevocable titles for lots in the scheme. This includes the title for the common property.
Community titles scheme (CTS)
Type of land subdivision incorporating land and strata subdivision that replaced building unit plans and group title plans for most new developments after July 1997.
Mutual agreement between two or more parties to do, or to refrain from doing, certain acts related to land.
Any action related to a parcel of land, such as a transfer of interest.
Any legal document related to land which has been signed and executed.
Deed of grant
Both the land granted in fee simple by the State and the document that evidences the grant, including the indefeasible title.
Devolution of law
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).
Right annexed to land to use other land in a particular manner (for example, right of carriageway or easement to drain water).
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.
Interest in land (for example, estate in fee simple or leasehold estate).
Interest in land which is absolute and without limitation to inheritance. It implies full ownership in land, a tenure of which is called freehold.
Status of land held under an estate in fee simple following alienation from the Crown.
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).
Current particulars in the land register about the lot. The title becomes indefeasible when the particulars are recorded in the Freehold Land Register.
Any document lodged with the Registrar of Titles for the purpose of affecting the register, such as:
- deed of grant or certificate of title
- will, deed or power of attorney that may be used to deal with a lot
- map or plan of survey.
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).
Lands held under a lease.
Right to retain an ownership document until a debt is satisfied (for example, the deeds to land under mortgage).
Separate, distinct parcel of land created on either:
- registration of a plan of subdivision
- recording of particulars of an instrument.
Mortgage is an agreement, or contract in writing, that provides security to a lender by giving them particular rights.
Parcel of land defined by measurement as a lot in a deposited plan or as a crown portion or allotment.
Administrative divisions of the state. Parishes as identifiers are now only relevant for historical title searches.
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.
Owner of an estate or interest in land.
Tenure where a road has been temporarily closed, allowing the licensee to use the land until it is required once again for road purposes.
Land burdened by an easement.
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.
Tenancy in common
Two or more persons who own a defined share of the property, whether equal or unequal.
One who holds or possesses lands or tenements by any kind of right or title.
Hold or occupy unalienated Crown land such as freehold or lease.
Lease for anywhere between 1 and 100 years.
Passing of any estate or interest in land.
Acquire a title to or interest in land from the death, will, intestacy or bankruptcy of a proprietor.
Land set aside for a particular public or community purpose.
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).
Instrument that has been lodged with the registry but not yet registered.