Part IVA and IVB Real Property Act 1900 provides for the creation of a Qualified Torrens title by means of a Conversion Action (CA), if certain requirements are met, for the land contained in:
- a deed lodged in the General Register of Deeds or
- a plan lodged at the Plan Lodgment Counter.
A completed Statement of Title Particulars form 20-0310 (PDF 50 KB) must be lodged with every conveyance or mortgage and all affecting interests must be disclosed. If the deed is suitable for conversion the CA is given a file number and action is taken to issue a Qualified title. Section s28H(2) Real Property Act 1900 and s28K Real Property Act 1900 allow for the updating or rectification of the affecting interests.
The Qualified title may be issued with a notification referring to:
- a caution pursuant to s28J(1) Real Property Act 1900 where the deed is for value or
- a caution pursuant to s28J(1A) Real Property Act 1900 where the deed is not for value or
- a caution pursuant to s28J(1B) Real Property Act 1900 where the land is held by adverse possession and
- 'Limited Title' where the land is not clearly defined by a current plan of survey filed in the Office.
See removal of the caution information.
A 'Limited Title' notification may be removed by lodgment of a 'delimitation' plan of survey.