Real Property Acts Amendment Act of 1952 (1 Eliz II No. 43) (Qld)

376 REAL PROPERTY. Real Property Acts Amendment Act. 1 Emz. II. No. 43, REAL PROPERTY. 1 NEom. z4. 3I. I. An Act to Amend "The Real Property Acts, 1861 THE REAL PROPERTY ACTS to 1946," in certain particulars, and for AMENDMENT ACT OF other purposes. 1952. [ASSENTED TO 4TH DECEMBER, 1952.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :— PART I.— PRELIMINARY. PART I.—PRELIMINARY. Short title. 1 , (1.) This Act may be cited as " The Real Property Acts Amendment Act of 1952." Con- struction. (2.) This Act shall be read as one with— (a) The *" Real Property Act of 1861," t" The Real Property Act of 1877," I" The Registrar of Titles Act of 1884," §" The Real Property (Local Registries) Act of 1887," II" The Real Property (Commonwealth Titles) Act of 1924," IF" The Real Property (Commonwealth Defence Notification) Act of 1929," and **" The Real Property Acts Amendment Act of 1942 " ; and (b) The provisions amending the Acts, or any of the Acts, cited in paragraph (a) of this subsection of the following Acts, namely section two of tt" The Central and Northern Districts Boundaries Act of 1900," section two and the First Schedule of tt" The Land Surveyors Act of 1908," section three and the Schedule of §§" The Public Curator Act of * 25 V. No. 14. t 41 V. No. 18. t 48 V. No. 4. § 51 V. No. 3. II 15 G. 5 No. 28. If 20 G. 5 No. 9. . ** 6 G. 6 No. 14. tt 64 V. No. 2. t:t 8 E. 7 No. 3. §§ 6 G. 5 No. 14.

1952. REAL PROPERTY. Real Property Acts Amendment Act. 377 PART I.- PRELIMINARY. 1915," subsection one of section two of *" The Trade Unions (Property) Act of 1922," section seven of t" The Justices Acts and Real Property Fees Act of 1932," and section five of t" The Australian Consular Officers Notarial Powers and Evidence Act of 1946." (3.) The Acts cited in paragraph (a) of subsection Collective two of this section, the provisions amending those Acts of the Acts cited in paragraph (b) of subsection two of this section, and this Act may collectively be cited as "The Real Property Acts, 1861 to 1952." (4.) In this Act the §" Real Property Act of 1861," Principal as heretofore amended is referred to as the Principal Act. Act. 2. (1.) This Act is divided into Parts as follows :— Parts of Act. PART I.—PRELIMINARY ; PART II.—AMENDMENTS OF THE REAL PROPERTY ACTS; PART III.—TITLES BY POSSESSION. (2.) Part III. of this Act is further divided into Division of divisions as follows :— Part III. Division I.—Prohibition of Titles by Possession; Division II.—Registration of Titles by Possession. PART II.- AMENDMENTS PART II.—AMENDMENTS OF THE REAL PROPERTY ACTS. TOLE PROPERTY 3. Section three of the Principal Act is amended— ACTS. (a) By repealing therein the definition of the term ct.ms.en3. drennts "Lunatic"and by inserting in lieu of that repealed definition, the following definition, namely :— "Mentally sick person" shall have the meaning Mentally assigned to that term by II" The Mental sick person. Hygiene Act of 1938," and wherever appearing in this Act the terms "insanity ", "lunacy ' , and "unsoundness of mind" and derivatives of those terms shall be construed as referring to mentally sick persons. (b) By repealing therein the definition of the term "person of unsound mind ". * 13 G. 5 No. 1. t 23 G. 5 No. 7. t. 10 G. 6 No. 43. § 25 V. No. 14. 2 G. 6 No. 21.

378 REAL PROPERTY. PART II.— AMENDMENTS OF THE REAL PROPERTY ACTS. Real Property Acts Amendment Act. 1 Euz. II. No. 43, (c) By repealing in the definition of the term " Instrument " therein the words "map plan" and by adding to that definition the words "and any map or plan lodged with the Registrar of Titles ". oAfms. en1d1.ment by r4e.peSaelcintiogn, ienlepvaernaogfrathpehP( r5in)ctihpearl eAocft, itshaemwenodrdeds " coverture, lunacy or unsoundness of mind" and by inserting, in lieu of those repealed words, the words "or mental sickness ". The said section eleven is further amended by adding thereto the following paragraph, and marginal note, namely :— To delegate " (6.) He may in relation to any particular matter powers. or class of matters or to any particular district, by writing under his seal, delegate to an officer employed in his office such of his functions, powers and duties under this Act as he considers necessary (except this power of delegation) so that any function, power or duty so delegated may be exercised or performed by the delegate with respect to the matter or class of matters, or to the district specified in the instrument of delegation; Provided that every such delegation shall be revocable at will and that no such delegation shall prevent the exercise of any power by the Registrar of Titles: Provided further that this power of delegation shall not be exercised by a Local Deputy Registrar without the prior consent of the Registrar of Titles." New s. 15A 5. The following section is inserted after section inserted. fifteen of the Principal Act, namely :— Words of "[16A.] (1.) Where, on or after the passing of Limitation. *" The Real Property Acts Amendment Act of 1952,"— (a) Any land not under this Act shall be conveyed, appointed or otherwise assured to, or to the use of, any person without words of limitation; or (b) Any land, whether or not under this Act, shall be vested in trustees upon any trusts declared, whether by the instrument so * This Act.

1952. REAL PROPERTY. 379 PART II.- Real Property Acts Amendment Act. AMENDMENTS OF THE REAL PROPERT vesting the land or by a separate instrument, ACTS. and, whereby equitable estates or interests are created or granted without words of limitation; or (c) Any other equitable estate or interest in any land, whether or not under this Act, is created or granted by any deed or other document in writing without words of limitation, then— (L) Such conveyance, appointment or other assurance shall be construed to pass the fee simple or other the whole estate or interest which the grantor, appointor, or person otherwise assuring has power to dispose of thereby in such land unless a contrary intention shall appear by the conveyance, appointment or other assurance; (ii.) Such instrument declaring the trusts shall be construed, in respect of the equitable estates or interests thereby created or granted, to pass the fee simple or other the whole estate or interest which the settlor had power to dispose of in the land the subject thereof unless a contrary intention shall appear by the instrument; and (iii.) Such deed or other document in writing shall be construed, in respect of the equitable estate or interest thereby created or granted, to pass the fee simple or other the whole estate or interest which the person thereby creating or granting the same had power to dispose of unless a contrary intention shall appear by that deed or other document in writing. (2.) In this section— (a) The term " instrument " means, in relation to the vesting of land in trustees, any conveyance, appointment, assurance, transfer, nomination of trustees, vesting order, declaration of trust, or other document, whatsoever whereby land may be and is vested in trustees; and

380 PART II.— AMENDMEN TS OF THE REAL PROPERTY ACTS. REAL PROPERTY. Real Property Acts Amendment Act. 1 Euz. II. No. 43, (b) The term "separate instrument" means, in relation to land vested in trustees, any document whereby the trusts upon which land is vested in trustees may be and are declared." Amendments of S. 16. 6. Section sixteen of the Principal Act is amended— (a) By repealing therein the words "Provided that where the applicant is a married woman her husband shall consent in such application ". (b) By repealing therein the words "By the committee or guardian of any lunatic or person of unsound mind" and by inserting, in lieu of those repealed words, the words "By the committee or administrator of the estate of any mentally sick person ". Amendments 7. Section seventeen of the Principal Act is of S. 17. amended— (a) By repealing therein the words "and whether the land be subject to dower and whether it be occupied or unoccupied" and by inserting, in lieu of those repealed words, the words "and whether the land be occupied or unoccupied ". (b) By repealing therein the words "map or diagram" and by inserting, in lieu of those repealed words, the word "plan ". Amendments 8. Section nineteen of the Principal Act is of s. 19. amended— (a) By repealing the marginal note thereto and by inserting, in lieu of that repealed marginal note, the marginal note "Application to be advertised when title is complete ". (b) By repealing therein the words "three times in at least one newspaper published in the Colony" and by inserting, in lieu of those repealed words, the words " at least once in each of two newspapers published in this State, and where, in the opinion of the Registrar of Titles, the land is situated at a distance more than twenty miles from Brisbane, at least once in a newspaper circulating in the neighbourhood of the land."

REAL PROPERTY. 381 PART II.- 1952. Real Property Acts Amendment Act. AMENDMENTS OF THE REAL PROPERTY 9. Section twenty of the Principal Act is amended— ACTS. (a) By adding thereto the following paragraphs, A of mse.n2d0m. ents namely :— "Provided that if the Master of Titles is satisfied that the applicant has established a title by possession for a period of forty years or more of the land except that the evidence of title set forth by the applicant is incomplete or imperfect by reason of— (a) A possible claim by any person who may have an estate or interest in reversion or remainder or other future estate or interest therein, or who may have had such an estate or interest which has become an estate or interest in possession; or (b) The absence of the words of limitation "and his heirs" in any conveyance, appointment or other assurance or instrument forming part of the said evidence in which the words in fee simple" or the words "and his executors, administrators and assigns" or other words of a similar import are used in place of words of limitation, then the Master of Titles may direct the Registrar of Titles to address the said notice in particular by name (and so far as the knowledge of the Registrar of Titles may enable him by last known address) to any and every person who may upon investigation of the title appear to the Master of Titles to have previously held or to possibly still hold any estate or interest in the fee of such land. Such a notice may be addressed to a person in particular by name notwithstanding that there is evidence that he is not living. Such a notice shall be addressed genefally (but without naming them) to all persons claiming through, under or from any person to whom it is addressed by name. The Registrar of Titles shall, under any such direction as lastmentioned, cause the notice to be published in such additional manner as by such direction may be specified and shall cause to be stated therein— (i.) That unless the Registrar of Titles shall have received a caveat as hereinafter described forbidding him so to do, he shall bring such

382 PART II.- AMENDMENTS OF THE REAL PROPERTY ACTS. REAL PROPERTY. Real Property Acts Amendment Act. 1 Eraz. II. No. 43, land under the provisions of this Act by issuing to the applicant or to such person as the applicant may by any writing under his hand request or direct a certificate of title for the same as hereinafter described ; and (ii.) That thereupon any action for recovery of possession of the said land or for recovery of compensation from the person benefited by the bringing of such land under the provisions of this Act or from the Assurance Fund by any and every person to whom the notice is addressed in particular by name, or by any and every other person claiming through, under or from any of the persons so named shall be barred and the estate and interest, right and title of any such persons shall be extinguished. Unless he shall, within the said time, have received a caveat forbidding him so to do, it shall be lawful for the Registrar of Titles to bring such land under the provisions of this Act and thereupon the right to bring an action for the recovery of possession of the said land or any action for the recovery of compensation from any person benefited by the bringing of such land under the provisions of this Act or from the Assurance Fund by any and every such named person or any person claiming through, under or from him shall be barred and the estate and interest, right and title of any and every such named person and of any and every person claiming through, under or from any such named person to the said land or any interest therein shall be extinguished: Provided further that any such caveat lodged by any person claiming an estate or interest in reversion or remainder or other future estate or interest in the land shall not lapse until after the expiration of three months from the date on which his right to bring an action for recovery of the said land or the rent thereof or other interest has first accrued." (b) By renumbering the said section twenty (as amended as aforesaid) as subsection one of section twenty.

REAL PROPERTY. 383 1952. Real Property Acts Amendment Act. PART II.— AMENDMENTS OF THE REAL PROPERTY (c) By adding to the said section twenty as so ACTS. renumbered the following subsection, namely :— "(2.) Any person claiming to have an estate or interest in reversion or remainder or other future estate or interest in any land not under this Act, or claiming by virtue of such an estate or interest having become an estate or interest in possession, may give written notice thereof at any time before the issue of a certificate of title under this Act for that land to the Registrar of Titles. Such notice shall contain the following :— (a) Such description as may be sufficient to identify the land in respect of which the estate or interest is claimed ; (b) Particulars of the nature and of the origin of the estate or interest claimed; and (c) An address at which notices may be served on the claimant. Any such person may at any time give written notice to the Registrar of Titles of any change in the facts set forth in such firstmentioned written notice." by re1p0e.aliSnegctthioenstehciortnydopfrtohveisPoritnhceipreaol fAacntdisbayminesnedretdinAg, moefns.d3m0.ent in lieu of that repealed proviso, the following proviso, namely :— "Provided also that the powers or authorities of the guardian of any minor or of the committee or administrator of the estate of any mentally sick person shall in no wise be altered or abridged in consequence of the issuing of any certificate of title in the name of such minor or mentally sick person ". 11. Section thirty-two of the Principal Act is Amendment amended by inserting therein, after the word of s. 32 ' "instruments ", the words "including any plans ". 12. Section forty of the Principal Act is amended Amendment by adding thereto the words " unless the Registrar of a s. 40. Titles, having regard to the value of the lands and any subsequent transfer lodged, may otherwise determine" and the following proviso, namely "Provided that he shall not so determine unless the tenants in common request him so to do."

384 REAL PROPERTY. PART II.— AMENDMENTS OF THE Real Property Acts Amendment Act. 1 ELiz. II. No. 43, REAL PROPERTY Aofms.e A n4 C d1 T m. S. ent ame1n3d.edSbeyctiinosnerftoinrtgyi-nontheeoffirtshtepParraingrcaipphalthAecrteoisf after the words "previous proprietor ", the words " and also upon an application under Part III. of *" The Real Property Acts Amendment Act of 1952," for a title by possession ". Amendment 14. Section forty-four of the Principal Act is of s. 44. amended by inserting therein, after the words "under a prior certificate of title ", the words " or a certificate of title issued under Part III. of *" The Real Property Acts Amendment Act of 1952 "." AofmSe. n4d5m. ent amen1d5e. dSbeycitnisoenrtfinogr, tya- ftfeivr ethoe ffitrhstepParraingcraipphalthAercetoifs, the following paragraph, namely :— "For the purposes of this section the name of the Registrar of Titles may be signed and his seal affixed as aforesaid by any officer for the time being employed in his office thereunto authorised by him pursuant to his power of delegation, and any such authority may specify the manner in which the officer named therein is to so sign the name and affix the seal of the Registrar of Titles." Amendments 16. Section fifty-one of the Principal Act is of s. 51. amended— (a) By adding to that section the words "when such instrument is produced to him for registration ". (b) By renumbering that section (as amended as aforesaid) as subsection one of section fifty-one. (c) By adding to that section as so amended and renumbered the following subsection, namely :— "(2.) Whenever any easement affecting land under the provisions of this Act is created for the purpose of being used or enjoyed by the Crown in right of this State, any Crown corporation or instrumentality of this State, or corporation or instrumentality representing the Crown in right of this State, or any Local Authority the Registrar of Titles shall enter a memorial of the instrument creating such easement on the folium of the register book constituted by the existing grant or certificate of title of such land when such instrument * This Act.

REAL PROPERTY. 385 1952. Real Property Acts Amendment Act. PART II.— AMENDMUNTS OF THE REAL PROPERTY is produced to him for registration notwithstanding that ACTS. such easement is not being annexed to or used and enjoyed together with any other land, whether under the provisions of this Act or not." 17. Section fifty-seven of the Principal Act is Amendment amended by inserting, before the words "and the of s' 57. surplus" in the last paragraph thereof, the words "Thirdly In payment of subsequent mortgages or encumbrances if any ". 18. -Section sixty-five of the Principal Act is A.r enadxment amended by adding thereto the following paragraph, °"' namely :— "If the instrument in form H of the Schedule hereto is endorsed upon the duplicate, or in the case of a lease, duplicate or triplicate original (delivered out of the Office of the Registrar of Titles) of the registered mortgage, lease, or bill of encumbrance, a duplicate of that instrument in form H executed as a separate document (or in the case of a lease, a duplicate and triplicate of that instrument in form H executed respectively as separate documents) shall be lodged therewith in the office of the Registrar of Titles for the purpose of registration." 19. Section eighty-seven of the Principal Act is Aofmse. n8d7m. ent amended by repealing the proviso thereto. amen2d0e.d— Section eighty-eight of the Principal Act is Aomf se. n8d8m. ents (a) By repealing therein the words "or an office copy ". (b) By repealing therein the words "will and" where those words secondly appear. (c) By inserting therein, after the words "and the names of the executors ", the words "to whom probate has been granted ". (d) By renumbering the said section eighty-eight (as amended as aforesaid) as subsection one of section. eighty-eight.

386 REAL PROPERTY. PART II.— AMENDMENTS OF THE REAL PROPERTY ACTS. Real Property Acts Amendment Act. 1 ELiz. II. No. 43, (e) By adding to the said section eighty-eight as so renumbered the following subsection, namely :— "(2.) (a) In the case of the death, whether before, on, or after the passing of *" The Real Property Acts Amendment Act of 1952," of a registered mortgagee of any estate or interest in land under this Act, who has died leaving a will, the Registrar of Titles may on application made to him in that behalf and, if satisfied that the value of the personal estate of the deceased mortgagee does not exceed five hundred pounds, and on such will being produced and left with him for the purpose of being recorded in the register book, cause transmission of such interest in the land concerned to be entered up in the register book in favour of such one or more as the Master of Titles may determine of the person or persons who would have been entitled upon the grant of probate or letters of administration with the will to be entered up as executor or executors or administrator or administrators with the will, as the case shall require. Thereupon such person or persons shall have all the rights, powers and liabilities in respect of the said interest as if probate of the will or letters of administration with the will of the deceased mortgagee had been granted to him or them. (b) Notwithstanding that anything contained in this subsection, in any case where the Court, in the exercise of its powers, authorities and jurisdiction shall grant probate of, or letters of administration with, the will of any such deceased mortgagee as aforesaid subsequent to the entry up in the register book pursuant to the provisions of paragraph (a) of this subsection of transmission of his • estate or interest in any registered mortgage, all acts, matters and things done by, and all payments bond fide made by or to the person or persons in whose favour such transmission has been entered up, up to the date of such grant, which if made by or to a person to whom a grant of probate of, or letters of administration with, the will had been made would have been lawfully done and made, shall be and be deemed to have been so done and made lawfully: Provided that, on the granting of such probate or letters of administration with the will, the person or persons in whose favour such transmission has been * This Act.

REAL PROPERTY. 387 PART II.- 1952. Real Property Acts Amendment Act. AMENDMENTS OF THE REAL PROPERTY entered up shall take all necessary steps and perform ACTS. all necessary acts to hand over to and account to the person so granted probate or letters of administration for any property in his or their hands at the date of such grant, and to render an account of all property passing through his or their hands from the entry up of transmission to the date of such grant." 21. Section ninety-one of the Principal Act is Am endmentes amended— s. 91 (a) By repealing in the first paragraph thereof the words "judgment already entered up or to be hereafter entered up nor any ". (b) By repealing in the said first paragraph the words "any such judgment" and by inserting, in lieu of those repealed words, the words "any judgment ". (c) By repealing in the said first paragraph the words "said judgment or writ as the case may be" and by inserting, in lieu of those repealed words, the words " said writ ". (d) By repealing the words "judgment or" where those repealed words appear twice in the second paragraph thereof. (e) By adding thereto the following paragraph, namely :— "From and after the passing of *" The Real Property Acts Amendment Act of 1952 "— (a) No judgment shall be capable of registration; and (b) The registration of any judgment registered prior thereto shall be deemed to be cancelled ". (f) By repealing in the marginal note thereto the words judgment or". 22. Section ninety-five of the Principal Act is Amendment amended by adding to the first paragraph thereof the of S. 95 ' words " and that the grant, certificate of title, lease or other instrument is not deposited with any person as security for any purpose whatsoever or for safe custody." 23. Section ninety-eight of the Principal Act is Amendment amended by inserting therein, after the words "land of a. 98' estate or interest ", the words and brackets " (save and except such an instrument the registration of which is stated in the caveat to be thereby not forbidden) ". * This Act.

388 REAL PROPERTY. PART II.— AMENDMENTS OF THE Real Property Acts Amendment Act. 1 Euz. II. No. 43, REAL PROPERTY oAfms. e A n9 C 9d T . m S. ent amen2d4e. d Sbyecrteipoenanliinngettyh- enreinine tohfe twheorPdr"inwciipthadlrAawctni"s and by inserting, in lieu of that repealed word, the word "removed ". oAfms. e1n0d0m.ent amen2d5.edSbeyctaioddnionngethheurnedtoretdheoffotlhloewPirningcpipaaral gAracpt his, namely :— "A notice under this section may be sent through the post in a pre-paid registered letter addressed to the person to be served therewith and such sending shall be sufficient service thereof." oAfms. e1n0d1m.ent Act i2s6a. mSeencdteiodnboynaedhduinngdrtehderaentod tohneewoofrtdhse" Psraivneciapnadl except such memorandum of transfer or other instrument the registration of which the caveat expressly states is thereby not forbidden ". The said section one hundred and one is further amended by adding thereto the following proviso, namely :— "Provided that, notwithstanding that a caveat expressly states that the registration of any memorandum of transfer or other instrument is thereby not forbidden, nevertheless the Registrar of Titles may in his discretion refuse to register that memorandum of transfer or other instrument so long as the caveat shall remain in force." oAfms. e 1 n 1 d 1 m . ents Act i 2 s 7 a . mSenecdteiodn— one hundred and eleven of the Principal (a) By repealing therein the word " lunacy " and by inserting, in lieu of that repealed word, the words "mental sickness" ; (b) By inserting therein after the word" committee" the words "or administrator of the estate ". asR.ne1dp1en2ae. lwof Act i 2 s 8 re . pSeeaclteidonanodn, eihnulniedureodfatnhdattwreeplveealoefdthseecPtiroinnc,itphael following section is inserted, namely :— Requisitions. " [112.] (1.) If, in the opinion of the Registrar of Titles any instrument or document lodged in his office for registration or in connection with any dealing with land under this Act is erroneous, incomplete, or defective in any particular, or if the Registrar is not satisfied that any such instrument or document is correct for

REAL PROPERTY. 389 PART IL- 1952. Real Property Acts Amendment Act. AMENDMENTS OF THE REAL PROPERTY registration, or for the purpose for which it was lodged in ACTS. his office, the Registrar may by requisition in writing require the person who lodged the same in his office or his solicitor, conveyancer, attorney, or other proper agent, to re-execute, complete or correct the instrument or document or procure the re-execution, completion or correctness thereof, as the case may be, in such manner as may be specified in the requisition or, as respects any instrument or document in respect whereof the Registrar is not satisfied as aforesaid, to furnish to him the information specified in the requisition. (2.) Such a requisition shall be served upon the person to whom it is directed and shall be deemed to be sufficiently so served if it is delivered to such person or any attorney he may have or if it is forwarded to him or any attorney he may have by post. (3.) The Registrar may permit to be borrowed out of his office any instrument or other document: Provided that he shall not permit to be so borrowed out— (a) Any instrument or document which has been registered; or (b) Any instrument or document by any person except the person by whom that instrument or document was lodged or his solicitor, conveyancer, attorney, or other proper agent, and the person so borrowing out an instrument or document shall on demand made by the Registrar of Titles either orally or in writing, return the same to the office of the said Registrar within the time specified by the said Registrar. Any person who fails, without reasonable excuse, to comply with such a demand shall be guilty of an offence and liable to a penalty not exceeding one hundred pounds. (4.) The Registrar of TiDies may refuse to deal with any instrument or document the subject of such a requisition until the requirements thereof have been complied with."

390 REAL PROPERTY. PART AMENDMENTS OF THE Real Property Acts Amendment Act. 1 Emz. II. No. 43, REAL PROPERTY aRnedpAenCaeTlwSo. f Princ 2 i 9 p . alSAeccttiiosnreopneaelehduannddr, eidn alinedu tohfitrhteaternepoefatlhede s. 113. section, the following section is inserted, namely :— Withdrawal of " [113.] (1.) The Registrar of Titles may, in his instruments discretion, permit to be withdrawn from registration frreogmistration. any instrument or document lodged in his office for that purpose. Any instrument or document so withdrawn shall remain in the office of the Registrar but shall, by virtue of the withdrawal thereof from registration lose priority of registration unless and until produced again for registration as hereinafter provided. (2.) The Registrar of Titles, upon application made in writing in that behalf, may permit any instrument or document so withdrawn to be again produced for registration on a day and at a time fixed by him. A memorandum of such permission and of the day and time fixed as aforesaid by the Registrar of Titles shall be endorsed upon the instrument or document which shall be deemed to have been first produced for registration on the day and at the time stated in that end orsement. " saR. ne1dp1en5ae. lwof Act 3 is 0 r . eSpeecatlieodn aonned, hiunndlireeud aonfdthfiafttereenpoefatlheedPsreicntciiopnal, the following section is inserted, namely :— Attestation " [115.] All instruments executed pursuant to the oinfstruments. provisions of this Act if attested by one witness shall ibEnexsfetorcruuemtwioehnnotosmf bmeahyeblde tporobveedduilfythatetepsetersdoannsdextheecuetxiencgutthioensathmeereboef to be proved. resident— (a) In this State—before the Registrar of Titles or before a notary public, justice of the peace, a commissioner for taking affidavits, barrister at law, solicitor or conveyancer; or (b) In the United Kingdom of Great Britain and Northern Ireland—before the mayor or other chief officer of any Corporation or a notary public; or (c) In any part of the British Commonwealth of Nations—before the Governor, Government Resident, or Chief Secretary or Chief Justice thereof, any Judge of any superior court

1952. REAL PROPERTY. 391 Real Property Acts Amendment Act. PART II.— AMENDMENTS OF THE REAL PROPERTY having jurisdiction therein, or a notary ACTS. public or commissioner for taking affidavits or a justice of the peace therefor; or (d) In any country in respect whereof *" The Evidence (Attestation of Documents) Acts, 1937 to 1950," apply by virtue of a Proclamation under those Acts continuing the application in respect of that country of those Acts— before any person holding an office under the Government of that country declared under that Proclamation to be equivalent to the office of a justice of the peace for this State ; or (e) At any foreign place—before a British Consular Officer or an Australian Consular Officer within the meaning of t" The Australian Consular Officers' Notarial Powers and Evidence Acts, 1946 to 1949 " ; or (f) At any place outside this State where it is proved to the satisfaction of the Registrar of Titles that the execution thereof cannot be proved before any of the aforesaid persons— before a person holding under the law in force at that place an office or qualification specified by the Registrar of Titles." 31. Section one hundred and sixteen of the Principal Amendment Act is amended by repealing the final proviso thereto of s ' 116' (being the last paragraph thereof). 32. Section one hundred and seventeen of the Amendment Principal Act is amended by repealing in the proviso of s ' 117 . thereto the words "thirteen 'clear days' notice ", and by inserting, in lieu of those repealed words, the words "fourteen days' notice ". 33. Section one hundred and nineteen of the Repeal of sPercinticoinp, atlhAe fcotlilsowreipnegasleecdtiaonndi,sininlsieeruteodf, tnhaamt erelype:— aled as.n1d1n9e.w " [119.] (1.) Any proprietor subdividing any land When new under the provisions of this Act shall lodge for registration ocefretlecattoes with the Registrar of Titles a plan of such land which issue in shall exhibit distinctly delineated all roads, streets, Tatt:i0f.. passages, thoroughfares, lanes, pathways, parks, squares of land. * 1 G. 6 No. 24 and amending Acts. t 10 G. 6 No. 43 and amending Acts.

392 REAL PROPERTY. PART IL— AMENDMENTS OF THE Real Property Acts Amendment Act. 1 ErAz. II. No. 43, REAL PROPERTY ACTS. or reserves appropriated or set apart for public use and all subdivisions into which the said land may be divided marked with distinct numbers or symbols and every such plan shall be certified as accurate by the declaration of a licensed surveyor before the Registrar of Titles or a Justice of the Peace. (2.) The registered proprietor shall endorse on such plan that he agrees to the plan of subdivision and dedicates to public use any new roads, streets, passages, thoroughfares, lanes, pathways, parks, squares or reserves appropriated or set apart thereon for public use. Such certificate and endorsement shall, for all purposes of this Act, sufficiently certify that the plan is correct for registration as an instrument. (3.) If the Registrar of Titles is satisfied that the plan is correct and that the requirements of *" The Local Government Acts, 1930 to 1951 (or, as the case requires, t" The City of Brisbane Acts, 1924 to 1951 " ), in respect thereof have been complied with, he shall register the same in the register book by recording a memorial thereof on the grant or certificate of title therein relating to the land and thereupon and thereafter the land shall not be dealt with under this Act otherwise than in accordance with that plan of subdivision. Such memorial shall include particulars of any such dedication as aforesaid. Any such dedication shall be of all the estate or interest of the proprietor in the land so dedicated unless he specifically reserves therefrom any part thereof below the surface in which event the land below the surface so reserved shall remain vested in such proprietor. Except as aforesaid, and except to the extent it is specifically provided otherwise by any Act, any land so dedicated shall vest in the Crown. (4.) Whenever land under the provisions of this Act is subdivided into so many subdivisions that the grant or certificate of title therefor shall in the opinion of the Registrar of Titles be incapable of containing with convenience all endorsements relating to dealings with * 1 G. 6 No. 1 and amending Acts. t 15 G. 5 No. 32 and amending Acts.

REAL PROPERTY. 393 PART H.— 1952. Real Property Acts Amendment Act. AMENDMENTS OF THE REAL PROPERTY those subdivisions separately, the Registrar of Titles may, ACTS. forthwith after registering the plan of subdivision, require the proprietor to apply to take out and receive in his own name a number of certificates of title for portions respectively of the land sufficient to contain with convenience the aforesaid endorsements. (5.) This section and section one hundred and twenty of this Act shall apply with respect to plans lodged with the Registrar of Titles before and not registered at the date of the passing of *" Phe Real Property Acts Amendment Act of 1952," as well as plans lodged with him on or after that date." Act i 3 s 4 re . pSeeacletidonanodn, eihnulniedureodfatnhdattwreepnetyaloefdtsheecPtiroinnc,itphael asR1. ep2enoa. elwof following section is inserted, namely :— " [120.] If any proprietor applying to have any Re gistrar of land brought under the provisions of this Act is required ya to lodge a plan, such plan shall be certified by a licensed to be surveyor in manner aforesaid. deposited. The Registrar of Titles may require the proprietor of any land under the provisions of this Act desiring to transfer, lease or otherwise to deal with the same or any portion thereof to lodge for registration at the office of the Registrar of Titles a plan of such land certified by a licensed surveyor in manner aforesaid. Any plan required under this section or under section one hundred and nineteen of this Act shall, if the land dealt with thereby— (a) Is of less area than one statute acre—be on a scale not less than one inch to two chains; (b) Is of greater area than one statute acre but does not exceed five statute acres—be on a scale of not less than one inch to five chains; (c) Is of greater area than five statute acres but does not exceed eighty statute acres—be upon a scale of not less than one inch to ten chains; (d) Is of greater area than eighty statute acres— be upon a scale of one inch to twenty chains." * This Act.

394 REAL PROPERTY. PART II.— AMENDMENTS OF THE REAL PROPERTY ACTS. Real Property Acts Amendment Act. 1 ELiz. II. No. 43, 35. Section one hundred and twenty-two of the o A f ms.en1d2m2.ent PparirnacgirpaaplhA, ncatmisealym: e—nded by adding thereto the following "In and for the purposes of this section the term "certified copy" shall include photostatic copy." Amendment 36. Section one hundred and twenty-six of the of s. 126. Principal Act is amended by repealing in the first proviso thereto the words " coverture or infancy or absence from the colony or of unsoundness of mind" and by inserting, in lieu of those repealed words, the words "infancy or mental sickness ". Amendments 37. Section one hundred and thirty-nine of the of s. 139. Principal Act is amended— (a) By repealing in the first paragraph thereof, the words "shall not receive" and by inserting, in lieu of those repealed words, the words " may refuse to receive and shall not register ". (b) By inserting in the first paragraph thereof, before the words "unless there shall be endorsed thereon ", the words "or any application under Part III. of *" The Real Property Acts Amendment Act of 1952 ", for a title by possession ". (c) By adding to the first paragraph thereof the words " or conveyancer ". Amendments of Schedule. 38. The Schedule to the Principal Act is amended— (a) By repealing in form "K" therein the words "until this caveat be by me, or by the order of the Supreme Court, or some judge thereof, withdrawn" and by inserting in the said form "K" in lieu of those repealed words the words and brackets "save and except (here describe any instrument the registration of which is by the caveat not forbidden), until this caveat be by me withdrawn or by order of the Supreme Court, or some judge thereof, removed ". (b) By repealing form "0" therein. Repeal of 39. Section five of t" The Real Property Act of 1877" sV. i5c. oNf o4. 118. is repealed. * This Act. t 41 V. No. 18.

REAL PROPERTY. 395 PART II.- 1952. Real Property Acts Amendment Act. AMENDMENTS: OF THE REAL PROPERTY 40. Section twelve of *" The Real Property Act of ACTS. 1877," is amended by adding thereto the following of se 12 oin4t1 paragraph, namely :— Vic. No. 18. "Any instrument or document which, for the purposes of lodging the same in the office of the Registrar of Titles, is sent to the Registrar of Titles through the post or by medium of the office of the Commissioner of Stamp Duties, shall be deemed to be lodged in the office of the Registrar of Titles on such day and at such hour as he shall fix. A memorandum of the day and hour so fixed shall be endorsed on the instrument or document which shall be deemed to have been produced to the Registrar of Titles for registration on the day and at the hour stated in the endorsement." 41. Section seventeen of *" The Real Property Act Amendment of 1877," is re-numbered subsection one of section o V f ics.. 1N7oo1f84.1 seventeen and the said section seventeen as so re-numbered is amended by adding thereto the following subsection, namely :— "(2.) Notwithstanding anything hereinbefore contained in this section or in any other provision of the Principal Act or this Act, the Registrar of Titles may require a new certificate of title to be taken out where the duplicate of the grant or certificate of title lodged in connection with any dealing with the land described therein is altered, defaced, mutilated, damaged, dilapidated or partly destroyed." is am 4 e 2 n . deSdecbtiyonre3p2eAaloinf g*, " i T n he pa R r e a a g l r P ap ro h pe( br) ty o A f c s t u of b 1 s 8 e 7 c 7 t,i"on , 0 Am i • e f nd f m . e nt one thereof, the words "three hundred 'pounds ", and by No. 18. inserting, in lieu of those repealed words, the words "six hundred pounds ". of 184737.," Sisecatmioenndtheidrtyb- yfirveepeoafli*n"g T i h n e th R e ea fi l r P st ro p p a e ra r g ty ra A p c h t A ovfi m :: e N n 3 d 5. m 1 e 8 n 4. t 1 thereof the words "judgment or ". 44. Section forty of *" The Real Property Act of Amendment 1877," is amended by inserting therein, before the words "ordered to be removed ", where secondly appearing therein, the words "lapsed or ". * 41 V. No. 18.

396 REAL PROPERTY. Real Property Acts Amendment Act. 1 ELiz. II. No. 43, PART M.— TITLES BY POSSESSION. PART III.—TITLES BY POSSESSION. _Division I.— Division I.—Prohibition of Titles by Possession. Prohibition of Titles by Possession. 45. In this Part of this Act, unless the context Interpre- otherwise indicates or requires,— tation. (a) The term "the Acts" means *" The Real Property Acts, 1861 to 1952 " ; and (b) The term "this Act" means this Part of this Act. Gpreonheirbailtions. to an 4 y 6 l . anAd puenrdsoerntshheaAll cntostoorbataniyn iantteitrleesbt ythpeoressinesssaiovne and except under, subject to, and in accordance with this Act. Encroach- ment. 47. Whereas parts of parcels of lands under the Acts may have been before the passing of this Act or may be hereafter encroached upon by a building or any part thereof or by the enclosure of those parts with contiguous lands by means of a wall, fence, hedge, ditch, or other means whatsoever of demarcating boundaries between lands erected or put on a line on the lands so encroached upon which is not the true boundary thereof as shown in the plan on the deed of grant or certificate of title therefor: And whereas it is not desirable that a person should obtain a title by possession to parts of land encroached upon by any building or part thereof or by enclosure as aforesaid: Now therefore be it hereby enacted that a person shall not obtain under this Act a title by possession to parts of parcels of lands under the Acts so encroached upon. Ccororpwonrations, title 4 by 8. poAsspesesrisoonntoshaanlyl nlaontdoubntdaeinr tuhnedAecrttshoirs tAo catnya estate or interest in any land under the Acts whereof any Crown corporation or instrumentality or any corporation or instrumentality representing the Crown is the registered proprietor or wherein such a corporation or instrumentality has or shall have had an interest save and except with the prior consent in writing of that corporation or instrumentality. * 25 V. No. 14 and amending Acts.

REAL PROPERTY. 397 1952. Real Property Acts Amendment Act. PART M.— TITLES BY POSSESSION. Division 1.— intitu 4 l 9 ed . " TTohethCeroewxtnenStuittos Awchtiocfh1t7h6e9I" mispienrfioarlcAe cint PoPfrooTshsietilbsesistiiobonny. the State of Queensland that Act is repealed. Repeal of the Imperial Act. Division IL—Registration of Titles by Possession. Division II.— Registration 50. (1.) Subject to sections forty-five to forty-eight, oPfoTssietlsessiobny. both inclusive, of this Act a person who would have who may oAbcttasiinfetdhaat ltaitnlde hbaydpnoostsbeesesniounndtoeratnhye Alacntds munadyearptphlye a t poigssleybssfioorn. to the Registrar of Titles for the issue to him of a certificate of title to that land. (2.) The following persons shall be entitled to so apply, namely :— (a) Any person claiming to be entitled to an estate in fee simple in possession; (b) Any person claiming to be entitled beneficially for an estate of freehold in possession; (c) Any guardian of any minor claiming to be entitled to an estate of freehold in possession in the name of such minor; (d) The committee or administrator of the estate of any mentally sick person claiming to be entitled to an estate of freehold in possession in the name of such mentally sick person. 51. Where land the subject of an application under Where this Act is situated within the Central District or the atoppbleiclaotdiogned. Northern District as defined in *" The Real Property (Local Registries) Act of 1887" as amended by The Central and Northern Districts Boundaries Act of 1900," the application and all documents including caveats relating to such application shall be lodged at the Local Registry for the District in which the land is so situated Provided that the Local Deputy Registrar shall only perform such duties and powers imposed and conferred upon the Registrar of Titles by this Act as the Registrar of Titles shall direct. * 51 V. No. 3. t 64 V. No. 2.

398 PART M.— TITLES BY POSSESSION. Division II.— Registration of Titles by Possession. Form of application [Schedule, form 1.] REAL PROPERTY. Real Property Acts Amendment Act. 1 Euz. II. No. 43, 52. (1.) Every such application shall— (a) Be in writing in form 1 in the Schedule to this Act or in words to the like effect; (b) Be signed by the applicant; (c) State the estate or interest in such land applied for; (d) State full particulars of the possession upon which the application is based; (e) State whether any documents of title affecting the land are in his possession or under his control; (f) State the nature of every estate or interest held by other persons at law or in equity in such land within the applicant's knowledge; (g) Whether the land be occupied or unoccupied and if occupied the name and description of the occupant and the nature of his occupancy ; (h) The names and addresses of the occupants and proprietors of all lands contiguous to the land in respect of which the application is made so far as is known to him; and (i) State the value as at the time of making the application of the land including all the improvements thereon; (j) State that he verily believes himself to be entitled to the estate or interest in respect of which he applies for the certificate of title. (2.) Such statement shall be verified by the oath or statutory declaration of the applicant. (3.) The applicant shall deposit with his application all documents of title affecting the land in his possession or under his control and shall, if required by the Registrar of Titles, furnish him with a plan of survey of the land in respect of which the application is made. Registrar of 53. (1.) The Registrar of Titles may require an rTeiqtlueisremay applicant to furnish him with all such additional additional information, verified by oath or statutory declaration, ainnfdormation and documents relating to his application as the documents. Registrar of Titles deems fit.

REAL PROPERTY. 399 1952. Real Property Acts Amendment Act. PART III.— TITLES BY POSSESSION. Division H.— Title(s2.s)hTalhlecoRnesgidisetrraeraochf TapitpleliscaatniodnthinecMluadsintegr aolfl RoPefogTsisisettlsresasitoibonyn. information and documents furnished therewith and any additional information and documents furnished pursuant to a requisition by the Registrar of Titles. Mast 5 e 4 r . of( 1T. i)tlIefseiisthsaetristfhieedRtheagtisthtreaervoifdeTnicteledsooers nthoet aRpepjritcioatpi.oonsf. establish the title by possession to the land of the applicant the Registrar of Titles shall reject the application: Provided that if both of them are satisfied that the evidence of the claim is only imperfect or incomplete because of possible claims by persons who may have an estate or interest in reversion or remainder or other future estate or interest in the subject land, or who may claim by virtue of such an estate or interest having become an estate or interest in possession, the Registrar of Titles may, in lieu of rejecting the application, proceed as hereinafter provided. (2.) Any person claiming to have an estate or interest in reversion or remainder or other future estate or interest or claiming by virtue of such an estate or interest having become an estate or interest in possession, in any land may give written notice thereof at any time before the issue of a certificate of title by possession under this Part of this Act to the Registrar of Titles. Such notice shall contain the following :— (a) Such description as may be sufficient to identify the land in respect of which the estate or interest is claimed; (b) Particulars of the nature and of the origin of the estate or interest claimed; (c) An address at which notices may be served on the claimant. Any such person may at any time give written notice to the Registrar of Titles of any change in the facts set forth in such first written notice.

400 REAL PROPERTY. PART III.— TITLES BY POSSESSION. Real Property Acts Amendment Act. 1 Euz. IL No. 43, Division II.— Registration of Titles by 55. If an application is not rejected, the Registrar Possession. of Titles shall cause a notice of the application in a form Atopbpelication fixed by him— publicly advertised. (a) To be published once at least in a Gazette and in a newspaper circulating in the neighbour- hood of the land and if he thinks necessary in any other newspaper; (b) To be given by registered post to any person who has given him the written notice mentioned in subsection two of section fifty- four of this Act at the last address notified pursuant to that subsection; (c) To be given by adve•rtisement or otherwise in such manner as he shall think fit to any person who, in the opinion of the Registrar of Titles or of the Master of Titles has or may have any estate or interest in the land; and (d) To be published in any other way or given to any other persons as he or the Master of Titles deems fit. (2.) The notice shall fix a time not less than two months nor more than three years from the first publication of the notice in the Gazette at or after the expiration of which the Registrar of Titles may, unless a caveat is lodged, grant the application. atOopbpbjleeiccbatiytoionnto the l 5 a 6 n . d (1 to .) wAhipcehrsaonn acplapimlicinagtioann eusntadteerotrhiinstPeraerstt oinf caveat. this Act relates may, at any time before the application is granted, lodge with the Registrar of Titles a caveat in form 2 in the Schedule to this Act forbidding the issue of a certificate of title by possession under this Act. Such caveat shall state the nature of the estate or interest claimed by the person lodging it, the ground upon which it is founded, and shall give an address at which notices and proceedings relating to the caveat may be served. The Registrar of Titles may require a caveator to furnish him with all such additional information verified by oath or statutory declaration and documents relating to his caveat as the Registrar of Titles deems fit.

REAL PROPERTY. 401 1952. Real Property Acts Amendment Act. PART 111.- TITLES BY POSSESSION. Title( 2s. i)sIsfatthisefiRedegthisattrathreocfaTvietaletosroirs tthhee Mregaisstteerreodf D . P1 i o v :/ s i js s ce i s o zse n iolni .— c. proprietor of the land to which the application relates or has an estate or interest in that land derived through, under or from the registered proprietor, the Registrar of Titles shall refuse the application: Provided that, if any person is proved to the satisfaction of the Registrar of Titles and the Master of Titles to be entitled to an estate or interest in or over the said land less than an estate in fee simple, the Registrar of Titles may, instead of refusing the application solely on that ground, with the consent of the applicant, include in any certificate of title issued to the applicant a memorial that the land is subject to such estate or interest in the land. (3.) If both the Registrar of Titles and the Master of Titles are not satisfied that the caveator is the registered proprietor of the land or has an estate or interest therein derived through, under or from the registered proprietor, the Registrar of Titles shall give, in the manner set forth in section one hundred of the Principal Act as amended by *"The Real Property Acts Amendment Act of 1952," notice to the caveator that the caveator is required to take proceedings in the Supreme Court to establish his title to the estate or interest claimed by him within a time specified in the notice being not less than six months after the giving thereof. (4.) If a caveator who has received such a notice from the Registrar of Titles does not, within the time mentioned in the notice, bring an action in the Supreme Court to obtain a declaration that he is entitled to the estate or interest claimed by him and give written notice thereof to the Registrar of Titles or obtain from the Court an order or injunction restraining the Registrar of Titles from issuing a certificate of title by possession to the applicant under this Act, the caveat shall lapse. (5.) The lapsed caveat shall not unless by leave of the Supreme Court be renewed by or on behalf of the same person in respect of the same estate or interest. (6.) In any proceedings to establish the title of the caveator the issue for the Supreme Court to decide shall be whether the caveator is the registered proprietor * This Act.

402 REAL PROPERTY. PART M.— TITLES BY POSSESSION. Real Property Acts Amendment Act. 1 ELiz. II. No. 43, Division II.— RoefgTiisttlreastiboyn of the land or is entitled to an estate or interest therein Possession. derived through, under or from the registered proprietor or the applicant. When certificate of title by possession may be issued. 57. Upon or after the expiration of the time fixed by the notice under section fifty-five of this Act, if the Registrar of Titles and the Master of Titles are satisfied that the possession on which the applicant relies would, if the land had not been under *" The Real Property Acts, 1861 to 1952," have conferred on the applicant a title by possession, the Registrar of Titles may issue to the applicant a certificate of title for an estate in fee simple or for any other estate acquired by the applicant, free from all estates, interests, claims or encumbrances appearing by the register book to affect the existing title, excepting those specified in the proviso to subsection two of section fifty-six of this Act, and further excepting any estate, interest, claim encumbrance or notice, so registered in favour of the Crown, any Crown corporation or instrumentality or corporation or instrumentality representing the Crown, Brisbane City Council or any other Local Authority: Provided that where a caveat has been lodged against the granting of an application the Registrar of Titles shall not (except under and subject to the proviso to subsection two of section fifty-six of this Act) grant the application unless the caveat has lapsed, or proceedings taken by the caveator to establish his title have been finally disposed of, and in those proceedings the caveator has failed to establish his title or to obtain from the Supreme Court an injunction restraining the Registrar of Titles from issuing a certificate of title to the applicant. Cancellation 58. (1.) Where a certificate of title for any land is ionfsetrxuismtienngts issued under this Part, the Registrar of Titles— of title consequent on the issue of a certificate of title by possession. (a) Shall cancel the existing deed of grant or certificate of title for that land and any instrument entry or memorial in the register book altogether or to such extent as is necessary to give effect to the certificate of title issued; and * 25 V. No. 14 and amending Acts.

1952. REAL PROPERTY. 403 Real Property Acts Amendment Act. PART III.— TITLES BY POSSESSION. Division II.— (b) Shall endorse on every deed of grant or RofegTiisttlreastiboyn certificate of title and instrument so cancelled Possession. a memorial stating the circumstances and authority under which the cancellation is made. (2.) Upon the cancellation of a deed of grant or certificate of title, instrument, entry or memorial pursuant to this section, the estate or interest evidenced thereby shall cease and determine. certi 5 fi 9 c . atWe ohfetrietl,einbyrepsopsescetsosifoannuynldaenrdthfiosrAwcht ischhalal VWteahrteeenssftsuorture have issued, a person claiming— barred by issue of (a) To have an estate or interest in reversion or certificate of remainder or other future estate or interest possess3ion. (or to have had such an estate or interest which has become an estate or interest in possession) ; and (b) That he acquired that estate or interest prior to the issue of such certificate of title by possession, shall, before the issue of that certificate of title, have— (i.) Neither given to the Registrar of Titles a written notice pursuant to subsection two of section fifty-two of this Act; nor (ii.) Taken any of the other steps provided by this Act to protect his estate or interest, then his right to make an entry or distress or to bring an action to recover the land or rent shall for all purposes be deemed to have first accrued as though his estate or interest had become an estate or interest in possession on the date the person entitled to be in possession of the land or in receipt of the profits or rents of the land was first dispossessed or discontinued such possession or receipt of such rents or ptofits. 60. It shall be lawful for any applicant to withdraw Withdrawal his application at any time prior to the issuing of a °afppheation. certificate of title and the Registrar of Titles shall in such case upon request in writing signed by such applicant return to him all documents deposited by him for the purpose of supporting his application.

404 SCIIEDULE. REAL PROPERTY. Real Property Acts Amendment Act. 1 ELiz. II. No. 43, [ SECTION 52.] SCHEDULE. FORM 1. The Registrar of Titles, Brisbane, I (here insert name, address and occupation) hereby apply for the issue to me under Part III. of "The Real Property Acts Amendment Act of 1952" of a Certificate of Title by possession for all that piece of land being (describe land by reference to the description thereof contained in the existing deed of grant or certificate of title therefor and give the volume or folium of that deed of grant or certificate of title) which land is shown in plan catalogue No. lodged in the Office of the Registrar of Titles for an estate in fee simple in possession free from encumbrances (other than any special reservation, exception or condition in the existing Crown grant or certificate of title therefor, and other than any easement therein or thereover to which any person is entitled) and I declare— (1.) Set forth full particulars of the possession on which the claim is based— (a) The date on and circumstances in which the possession commenced ; (b) The name of the person by whom the possession was commenced; (c) The duration of his possession and the nature thereof; and (d) The subsequent history and nature of the possession up to the time of lodging the application. (2.) That there are no documents or evidences of title affecting such land in my possession or under my control other than those included in the Schedule hereto. (3.) That there is no person in possession or occupation of the said land adversely to my estate or interest therein and that the said land is now (state the name and description of occupier or as the case may be, that the land is unoccupied). (4.) I am not aware of any mortgage, encumbrance or claim affecting the said land or that any person has any claim, estate or interest in the said land at law or in equity save and except the following : (set out full particulars.) (5.) That the names and addresses so far as known to me of the occupants of all lands contiguous to the said land are as follow: (set out full particulars.) (6.) That the names and addresses so far as known to me of the proprietors of all lands contiguous to the said land as are follow: (set out full particulars.) (7.) That the present value of the land including all improvements thereon is

1952. REAL PROPERTY. Real Property Acts Amendment Act. 405 SCHEDULE. (8.) In consequence of the evidence herein set forth I verily believe and claim that I am entitled to the issue to me under Part III. of " The Real Property Acts Amendment Act of 1952," of a certificate of title for an estate in fee simple or (state the other estate claimed) in the said land. THE SCHEDULE REFERRED TO IN TESS MY DECLARATION. Dated this thousand nine hundred and day of Made and signed in the presence of { One (This declaration must be verified by the Oath or Statutory Declaration of the applicant). FORM 2. To the Registrar of Titles, [SECTION 56.] Brisbane. Take notice that I of claiming estate or interest (here state the nature of the estate claimed and the ground on which such claim is founded) in lands described as (here state particulars of description from declaration of applicant) in notice dated day of advertising the same as land to which application has been made for the issue of a Certificate of Title by possession under Part III. of " The Real Property Acts Amendment Act of 1952," do hereby forbid the issue of such a Certificate of Title. Dated this day of 19 Signed by the said Caveator. in the presence of Justice of the Peace. The address for service of any notices on the Caveator is Correct for the purposes of registration. Caveator. REVIEW OF VALUATIONS. See LAND.