Real Property (Conversion of Titles) Act 1967 (ACT)
Real Property (Conversion of Titles) Act 1967 (repealed)
A1967-29
Republication No 3
Effective: 5 March 1996
Republication date: 2 February 2011
As repealed by A1996-1 sch
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Real Property (Conversion of Titles) Act 1967 (repealed) effective 5 March 1996.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
real property (conversion of titles) act 1967
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Repealed by No. 1, 1996 (in force 4 March 1996)
TABLE OF PROVISIONS
Section
part I—preliminary
1.Short title
4.Interpretation
Part II—Bringing Land Under the Real Property Act
5.Duty of Registrar-General to bring land under Real Property Act
6.Notice of intention to bring land under Principal Act
7.Surrender of documents etc.
8.Certificates of title
9.Ordinary certificate of title
10.Limited certificate of title
11.Registrar-General’s minutes of defects found in titles
12.Search of Registrar-General’s minutes
13.Application of Principal Act to limited certificates
14.Dealings with interests mentioned in Registrar-General’s minute
15.Interests comprised in limited certificate to be limited
16.Restriction of issue of ordinary certificate for land in limited certificate
17.Substitution of ordinary certificate for limited certificate
18.Applications by persons claiming title adverse to proprietor of limited certificate
19.Substitution of ordinary certificate for limited certificate as to title after 12 years
20.Caveat as to trustees without power to sell
21.Amendment of description of land in limited certificate
Part III—Miscellaneous
22.Actions against the Territory and officers
23.Registration of informal deeds affecting land subject to this Act
24.Fees
25.Evidence of documents registered with Registrar-General for New South Wales
26.Regulations
The Schedule
Limited Certificate of Title
real property (conversion of titles) act 1967
An Act to provide for the bringing under the Real Property Act 1925 of land alienated from the Crown but not yet subject to that Act1
Part I—Preliminary
Short title
1. This Act may be cited as the Real Property (Conversion of Titles) Act 1967.1 and 2
Interpretation
4. 1 (1) In this Act, unless the contrary intention appears—
“limited certificate” means a limited certificate of title under this Act;
“Registrar-General’s minute” means a minute of the Registrar-General referred to in section 11 of this Act;
“the Principal Act” or “the Real Property Act” means the Real Property Act 1925.
(2) Words and expressions used in this Act shall, unless the contrary intention appears, have the same meanings as the corresponding words and expressions in the Principal Act.
Part II—Bringing Land Under the Real Property Act1
Duty of Registrar-General to bring land under Real Property Act
5. (1) The Registrar-General shall bring under the Principal Act all land alienated from the Crown but not yet brought under the Principal Act and in respect of which application might be made under Part V of the Principal Act to bring the land under that Act.
(2) The Registrar-General may proceed to bring land under the Principal Act in pursuance of this Act notwithstanding the lodgment, whether before or after the Registrar-General commences so to proceed, of an application under Part V of the Principal Act.
Notice of intention to bring land under Principal Act
6. (1) Before proceeding to bring land under the Principal Act in pursuance of this Act, the Registrar-General shall cause a notice of his intention so to proceed to be published in the Gazette and in such newspapers as he thinks fit, and shall specify in the notice a date, being a date not less than one month nor more than twelve months from the date of publication of the notice in the Gazette, after which the Registrar-General intends so to proceed.
(2) A person having or claiming an estate or interest in land referred to in any such notice may, at any time before the date so specified, give notice in writing to the Registrar-General of that estate or interest.
Surrender of documents etc.
7. (1) The Registrar-General may, by notice in writing served personally or by registered post, require a person—
(a)to produce for his inspection or to surrender to him, within such period, not being less than seven days, as is specified in the notice, a document in the possession or under the control of that person affecting land or the title to land; or
(b)to appear before him at a time and place specified in the notice and to give an explanation demanded by, or to answer questions put to him by, the Registrar-General with respect to land or the title to land or a document affecting land or title to land.
(2) A person upon whom a notice is so served shall not—
(a)without lawful excuse, refuse or fail to comply with a requirement of the notice;
(b)without lawful excuse, refuse or fail to give an explanation demanded from him by, or answer a question put to him by, the Registrar-General; or
(c)knowingly give to the Registrar-General an explanation or answer that is incorrect in a material particular.
Penalty: Two hundred dollars.
(3) The Registrar-General may withhold delivery of a certificate of title signed in pursuance of this Act to the person entitled to the certificate until he complies with the requirements of a notice served upon him under this section and gives any explanations demanded from him by, and answers any questions put to him by, the Registrar-General.
(4) In this section, “land” means land that the Registrar-General has brought or proposes to bring under the Principal Act in pursuance of this Act.
Certificates of title
8. (1) Where, in pursuance of this Act, the Registrar-General proposes to bring land under the Principal Act, the Registrar-General shall sign a certificate of title for the land in the name of the person appearing to him to be entitled to be registered as the proprietor of the land and, subject to subsection (3) of the last preceding section, deliver the certificate to the person entitled to receive it.
(2) The Registrar-General may, for a reason that he deems sufficient, delay bringing land under the Principal Act in pursuance of this Act.
(3) The Registrar-General shall give notice, by registered post, of the signing of a certificate of title to land to each person who has an estate or interest in the land as evidenced by the certificate of title or by a memorial written on the certificate.
(4) Where, in pursuance of this section, the Registrar-General signs a certificate of title for land, the land shall, upon the signing of the certificate, be deemed to have been brought under the Principal Act.
Ordinary certificate of title
9. (1) If, in respect of land that the Registrar-General proposes to bring under the Principal Act in pursuance of this Act, the Registrar-General is satisfied that—
(a)if an application to bring the land under the Principal Act were to be made by the person in whose name the Registrar-General proposes to issue the certificate of title, he would issue a certificate of title in the name of that person; and
(b)the land is not in the occupation of a person adversely to the title of that person,
the certificate of title for the land shall be an ordinary certificate of title in a form approved by the Registrar-General.
(2) An ordinary certificate of title issued in pursuance of this Act has the same effect as a certificate of title issued under the Principal Act on the bringing of land under that Act in pursuance of Part V of that Act, and the Principal Act applies to the certificate issued in pursuance of this Act as if it had been issued under the Principal Act.
Limited certificate of title
10. (1) If, in respect of any land that the Registrar-General proposes to bring under the Principal Act in pursuance of this Act, the Registrar-General is not satisfied as provided in subsection (1) of the last preceding section, the certificate of title for the land shall be a limited certificate of title in accordance with the form in the Schedule to this Act.
(2) A limited certificate may be limited as to—
(a)description of land;
(b)title; or
(c)description of land and title.
Registrar-General’s minutes of defects found in titles
11. (1) Before signing a limited certificate for land, the Registrar-General shall file with his records a minute signed by him specifying—
(a)any probable or possible estate or interest in the land that has not been proved to the satisfaction of the Registrar-General; and
(b)the acts or matters that should be done or proved, and the requisitions, including requisitions for the surrendering of documents affecting the land or the title to the land, that should be complied with, in order to justify the issue of an ordinary certificate of title.
(2) The Registrar-General may, by writing under his hand—
(a)amend the minute so as to indicate any change in the position with respect to estates or interests specified in the minute and which of the acts or matters or requisitions so referred to have been done, proved or complied with; and
(b)subject to the next succeeding subsection, add to or alter the minute in any other manner.
(3) Where a person acquires, in good faith and for valuable consideration, any land comprised in a limited certificate of title or an interest in any such land from a registered proprietor of the land or the interest and becomes the registered proprietor of the land or the interest, the Registrar-General shall not amend, add to or alter the minute relating to that certificate so as to prejudice the limited title of, or throw an onus upon, that person or any other person claiming in good faith through or under that person.
(4) Upon filing the minute the Registrar-General shall send by registered post a copy of the minute to each person who appears to him to have an estate or interest in the land.
(5) Where the Registrar-General amends, adds to or alters the minute, the Registrar-General shall send by registered post a copy of the minute as so amended, added to or altered to each person referred to in the last preceding subsection whose estate or interest appears to the Registrar-General to be affected by the amendment, addition or alteration.
Search of Registrar-General’s minutes
12. (1) A Registrar-General’s minute does not form part of the Register.
(2) A person shall have access to Registrar-General’s minutes for the purposes of inspection during the hours and upon the days appointed for search.
Application of Principal Act to limited certificates
13. (1) Subject to this Act, the provisions of the Principal Act relating to certificates of title and to land comprised in certificates of title apply, so far as they are capable of application, to limited certificates and to the land comprised in those certificates and to the registration of instruments and other matters affecting limited certificates.
(2) For the purpose of applying the provisions of the Principal Act to and in relation to a limited certificate of title and land comprised in a limited certificate of title in accordance with the last preceding subsection, an estate or interest specified in the Registrar-General’s minute relating to that certificate and in fact existing when the certificate is signed shall be deemed to be an estate or interest notified on the certificate of title.
(3) Subject to the next succeeding subsection, a limited certificate is evidence as to title in all respects as if it were an ordinary certificate of title issued under the Principal Act and the provisions of that Act shall, with necessary modifications, be read and construed and take effect accordingly.
(4) Where, in any proceedings, a question arises concerning—
(a)the estate or interest of any person the existence or possible or probable existence of which is specified in the Registrar-General’s minute relating to land; or
(b)the estate or interest of a person in actual occupation of, and entitled to, land,
a limited certificate in respect of that land, or of land in which that land is included, is not, in relation to that question, evidence as to the title to that land or any estate or interest in that land.
(5) Notwithstanding the provisions of section 69 of the Principal Act, the signing of a limited certificate of title for land does not stop the running of time under any statute of limitations in force in the Territory relating to real estate in favour of a person in adverse possession of the land at the time of the signing of the certificate or in favour of a person claiming through or under him.
Dealings with interests mentioned in Registrar-General’s minute
14. Where a Registrar-General’s minute specifies the existence, or the probable or possible existence, of a registrable estate or interest in land, a dealing with that estate or interest is not capable of being registered until the estate or interest in land is registered.
Interests comprised in limited certificate to be limited
15. The registered title to an estate or interest less than freehold as evidenced by a limited certificate or by a memorial written or endorsed on that certificate shall be deemed to be limited to the same extent as the certificate.
Restriction of issue of ordinary certificate for land in limited certificate
16. The Registrar-General shall not issue a new certificate of title, not being a limited certificate, in substitution for a limited certificate except as provided in this Act or, if the new certificate is issued in respect of part of the land comprised in the limited certificate, unless the matters in respect of which the limited certificate is limited do not affect or relate to that part of the land.
Substitution of ordinary certificate for limited certificate
17. (1) Where the Registrar-General is satisfied—
(a)that the acts, matters and requisitions specified in the Registrar-General’s minute relating to the land comprised in a limited certificate have been done, proved and complied with; or
(b)that, by reason of lapse of time or for any other reason, the doing or proving of, or compliance with, those acts, matters and requisitions has become unnecessary,
and, in either case, he is satisfied that no part of the land is held in possession adverse to the title of the proprietor to be named in the ordinary certificate, the Registrar-General shall, subject to the next succeeding subsection, call in and cancel the limited certificate and issue an ordinary certificate of title in substitution for the limited certificate.
(2) The Registrar-General shall not issue, under the last preceding subsection, an ordinary certificate of title in substitution for a limited certificate of title that is limited as to description of land if it appears to him that the land or part of the land in respect of which it is proposed to issue an ordinary certificate of title is included in the title of an adjoining occupier or proprietor as evidenced by an instrument registered, recorded, deposited or enrolled in the office of the Registrar-General for New South Wales or by a certificate of title limited as to description of land unless—
(a)he has given to each person who appears to him to be such an occupier or proprietor such notice as he deems necessary of his intention, after the expiration of the period specified in the notice, to issue the certificate; and
(b)each of the periods specified in such a notice has expired.
Applications by persons claiming title adverse to proprietor of limited certificate
18. (1) A person who claims an estate of freehold in the land or part of the land comprised in a limited certificate—
(a)by virtue of possession adverse to the title of the proprietor named in the certificate; or
(b)under any estate or interest the existence of which, or the probable or possible existence of which, is indicated in the Registrar-General’s minute,
may apply under the Principal Act to have the land in respect of which he claims the estate of freehold brought under the Principal Act as if this Act had not been made and the certificate had not been issued.
(2) If the Registrar-General proposes to issue a certificate under the Principal Act, he shall call in and cancel or correct the limited certificate.
Substitution of ordinary certificate for limited certificate as to title after 12 years
19. (1) Where the certificate of title to land is limited as to title but not as to description of land, the Registrar-General shall, twelve years after the first signing of a limited certificate for the land, inquire whether a person is in possession of the land or part of the land adversely to the title of the registered proprietor named in the limited certificate.
(2) Where the Registrar-General is satisfied that a person is not so in possession of the land or part of the land, the Registrar-General shall call in and cancel the limited certificate and issue an ordinary certificate of title for the land comprised in the limited certificate.
(3) Where the Registrar-General is satisfied that a person is so in possession of the land or part of the land, the Registrar-General may refrain from or delay calling in and cancelling the limited certificate and issuing an ordinary certificate of title.
Caveat as to trustees without power to sell
20. Where a certificate of title is issued in pursuance of this Act in the name of trustees who do not have express power to sell the land comprised in the certificate, the Registrar-General shall enter a caveat as provided for in subsection (3) of section 124 of the Principal Act for the protection of the interests of persons beneficially interested under the trust.
Amendment of description of land in limited certificate
21. The Registrar-General may, upon such information as he deems sufficient, amend the description of land in, or the plan upon, a certificate of title limited as to description of land, but not so as to exclude from the description land of which the proprietor named in the certificate is in possession and to which he is entitled for the estate or interest evidenced by the certificate.
Part III—Miscellaneous
Actions against the Territory and officers
22. 1 (1) Part XVI of the Principal Act applies to the bringing of land under the Principal Act in pursuance of this Act as if—
(a)a reference to the person upon whose application land is brought under the Principal Act were read as a reference to the Territory; and
(b)subsection (5) of section 154 and subsection (3) of section 157 of the Principal Act were omitted.
(2) The Registrar-General, or a person acting under his authority, shall not be liable to an action, suit or proceeding by the registered proprietor of land comprised in a certificate limited as to description of land, or by any other person, by reason of a bona fide error or omission in the description of the land comprised in the certificate of title.
Registration of informal deeds affecting land subject to this Act
23. An instrument that is not in accordance with a form prescribed by the Principal Act may be registered under the Principal Act if—
(a)it affects land brought under the Principal Act in pursuance of this Act; and
(b)it bears a date before, or within six months after, the date of the first certificate of title for the land.
Fees
24. Fees are not payable in respect of the bringing of land under the Principal Act in pursuance of this Act.
Evidence of documents registered with Registrar-General for New South Wales
25. (1) A photographic copy of the registration copy of an original instrument registered in the office of the Registrar-General for New South Wales is, if certified to be such a photographic copy by a Deputy Registrar-General of that State, evidence of the contents of the registration copy.
(2) A document purporting to be a photographic copy of such a registration copy and to be certified as required by the last preceding subsection shall, in the absence of evidence to the contrary, be deemed to be a photographic copy and to have been duly certified.
Regulations
26. The Executive may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
THE SCHEDULE1Section 10
Part I—Preliminary
Part II—Bringing Land Under the Real Property Act1
Part III—Miscellaneous
part iii—transitional provisions
Register
Case No. Vol. Fol.
AB, of [here insert description] is now seised of an estate [here state whether in fee simple or leasehold for a life or lives or for a term of years] subject, nevertheless, to the encumbrances, liens and interests notified by memorial underwritten or endorsed hereon and to the limitations expressed or implied by or under the Real Property (Conversion of Titles) Act 1967 in that piece of land situated in the Australian Capital Territory being [here insert sufficient description to identify the land, referring to a map or diagram] which said piece of land is [or is part of] the [county, section or town allotment] as delineated on [here insert reference to appropriate map or sub-divisional plan] deposited in the office of the Registrar‑General in the said Territory.
This certificate of title is LIMITED [AS TO DESCRIPTION OF LAND or AS TO TITLE or AS TO DESCRIPTION OF LAND AND TITLE, as the case may be]. The estates and interests and probable or possible estates or interests in the land, the acts or matters that should be done or proved and the requisitions that should be complied with in order to justify the Registrar-General in issuing an ordinary certificate of title are set forth in the Registrar-General’s minute filed in Case No.
In witness whereof I have hereunto signed my name and affixed my seal, this
day of .
Signed in the presence of , the day
of .
(L.S.)
Registrar‑General.
NOTES
1. The long title, sections 1 and 4, the heading to Part II, section 22 and The Schedule of the Real Property (Conversion of Titles) Act 1967 are amended by section 3 and the Schedule of the Land Titles (Consequential Amendments) Act 1995. The provisions of the Schedule applicable to the above mentioned sections provide as follows:
“Long title—
Omit ‘Real Property’, substitute ‘Land Titles’.
“Section 1—
Omit ‘Real Property’, substitute ‘Land Titles’.
“Subsection 4 (1) (definition of ‘the Principal Act’ or ‘the Real Property Act’)—
(a)Omit ‘Real Property’, substitute ‘Land Titles’.
(b)Omit ‘Real Property’, substitute ‘Land Titles’.
“Part II (heading)—
Omit ‘Real Property’, substitute ‘Land Titles’.
“Paragraph 22 (1) (b)—
Omit ‘(5) of section 154 and subsection (3) of section 157 of the Principal Act were’, substitute ‘154 (5) of the Principal Act was’.
“The Schedule—
Omit ‘Real Property’ (wherever occurring), substitute ‘Land Titles’.”
Section 2 of the Land Titles (Consequential Amendments) Act 1995 provides as follows:
“2. This Act commences on the day on which section 5 of the Land Titles (Amendment) Act 1995 commences.”
As at 20 December 1995 no date had been fixed for the commencement of section 5 and the amendments are not incorporated in this reprint.
2. The Real Property (Conversion of Titles) Act 1967 as shown in this reprint comprises Act No. 29, 1967 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts. That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
| Ordinance | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Real Property (Conversion of Titles) Ordinance 1967 | 29, 1967 | 21 Sept 1967 | 21 Sept 1967 | |
| Ordinances Revision (Administrative Arrangements) Ordinance 1977 | 18, 1977 | 21 June 1977 | 21 June 1977 | — |
| Real Property (Conversion of Titles) (Amendment) Ordinance 1977 | 48, 1977 | 27 Sept 1977 | 3 Oct 1977 | — |
| Ordinances Revision Ordinance 1977 | 65, 1977 | 22 Dec 1977 | 22 Dec 1977 | — |
| Self-Government (Consequential Amendments) Ordinance 1989 | 38, 1989 | 10 May 1989 | Ss. 1 and 2: 10 May 1989 | — |
Self-Government day 11 May 1989
Table 2
Table of Acts
| Act | Number and year | Date of notification in Gazette | Date of commencement | Application, saving or transitional provisions |
| Registrar-General (Consequential Provisions) Act 1993 | 64, 1993 | 6 Sept 1993 | Ss. 1 and 2: 6 Sept 1993 Remainder: 1 Oct 1993 (see s. 2 (2) and Gazette 1993, No. S207) | Part III (ss. 6-13) | ||||
| Real Property (Consequential Provisions) Act 1993 | 90, 1993 | 17 Dec 1993 | Ss. 1 and 2: 17 Dec 1993 Remainder: 1 Jan 1994 (see s. 2 (2) and Gazette 1993, No. S270) | — | ||||
| Land Titles (Consequential Amendments) Act 1995 | 54, 1995 | 20 Dec 1995 | (see s. 2 and Note 1) | — | ||||
| as repealed by | ||||||||
| Law Reform (Abolitions and Repeals) Act 1996 | 1, 1996 | 4 March 1996 | 4 March 1996 (s 2 (2) and Gaz 1996 No S31) | |||||
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision How affected
Long title........................... am. Act No. 64, 1993
S. 2.................................... rep. No. 18, 1977
S. 3.................................... rep. No. 65, 1977
Ss. 4-8............................... am. Act No. 64, 1993
S. 9.................................... am. Acts Nos. 64 and 90, 1993
Ss. 10, 11.......................... am. Act No. 64, 1993
S. 12.................................. am. No. 48, 1977; Acts Nos. 64 and 90, 1993
Ss. 13, 14.......................... am. Act No. 64, 1993
Ss. 16-21........................... am. Act No. 64, 1993
S. 22.................................. am. No. 38, 1989; Act No. 64, 1993
S. 25.................................. am. Act No. 64, 1993
S. 26.................................. am. No. 18, 1977; No. 38, 1989
The Schedule................... am. Acts Nos. 64 and 90, 1993
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0
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