Land Titles Act 1993 · 2020 Revised Edition · Part 5 · Effect of Registration
45. Instruments ineffectual until registered
Feedback & supportNo instrument until registered as in this Act provided is effectual to pass any estate or interest in land under the provisions of this Act.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
Upon registration of an instrument the estate or interest therein specified passes, or the land becomes liable as security for the payment of money (as the case may be), subject to the covenants and conditions set forth in the instrument and capable of taking effect, and subject to such covenants and conditions as are by law declared to be implied in instruments of a like nature.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
Nothing in this section is to be construed as preventing any unregistered instrument from operating as a contract.
This section applies despite the provisions of any written law for the compulsory acquisition or other statutory vesting of land.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;