Understanding Land Tenure in Queensland Presented by: Greg Short Understanding Land Tenure in Queensland Presentation Overview • Basic Definitions • The Legislation we operate under • Non Freehold tenure • Unallocated State Land – Lease Types • Non-Freehold – Term Leases • Other ways to occupy State Land • Freehold Tenure • Secondary Interests: Lease, Profit á Prendre, Covenant, Easements, Other Secondary Interests • Conclusion (Reference guides) www.bennettandbennett.com.au Definitions Tenure: The legal right to live in a particular building or to use a particular piece of land during a fixed period of time (Collins English Dictionary). Land Tenure: Is the means of identifying who has the right to use and occupy land in accordance with the varying degrees of ownership (Land Title Practice Manual). Freehold Land: Is where land has been alienated from the State and the ownership rests with the individual owner for an estate in fee simple. (Land Title Practice Manual) Non-Freehold Land: Is the land that has not been freeholded in Queensland including land below HWM (Land Title Practice Manual). Leasehold: The holding of a property by lease (Google Dictionary). www.bennettandbennett.com.au The Main Legislation Dealing with Tenure in Queensland The Land Act 1994 • The general object of this Act is to manage all state land for the benefit of the people of Queensland having regard to the principles of Sustainability, Evaluation, Development, Community Purpose, Protection, Consultation and Administration. The Land Act applies to all land, including land below HWM. Although the Land Act generally applies to non-freehold land, most freehold land contains a reservation to the state for minerals. To that extent the Land Act applies to all land. The Land Title Act 1994 The object of this act is to consolidate and reform the law about the registration of freehold land and interests in freehold land. www.bennettandbennett.com.au Non Freehold Land Tenure • Reserves • Road • Unallocated State land www.bennettandbennett.com.au Example of a State Tenure Search www.bennettandbennett.com.au Unallocated State Land – Lease Types • Term Leases • Perpetual Leases • Freeholding Leases www.bennettandbennett.com.au Non Freehold – Term Leases • Term Lease - What is a Term Lease - General timeframe of Term Leases - Rolling Term Lease • Special Lease • Development Lease • Examples of Term Leases www.bennettandbennett.com.au Other Ways to Occupy State Land • Permit to occupy: - what is a Permit to Occupy? - specific purpose - minor/temporary matters • Road Licence - what is a Road License • Occupation Licence - what is an Occupation License www.bennettandbennett.com.au Freehold Tenure • Freehold Land • Deed of Grant (Crown Rights reserved) • Freehold Land Register • Certificate of Title www.bennettandbennett.com.au Freehold Tenure (Title Search) www.bennettandbennett.com.au Secondary Interest - Freehold Lease • What is a Freehold Lease? • Lease over 3 years must be registered • Lease Terms and Conditions - Limited to certain hours or days • ROL Approval for lease of land < 10 years • Lease can commence at a future date • Council consent for a lease of part of a lot in a BUP or GTP • Subleases • Examples of Typical Leases www.bennettandbennett.com.au Lease Document www.bennettandbennett.com.au Lease Plan www.bennettandbennett.com.au Secondary Interest - Profit á Prendre • What is a Profit á Prendre? • Profit á Prendre must have a term • Examples of a Profit á Prendre www.bennettandbennett.com.au Profit a Prendre Document www.bennettandbennett.com.au Profit a Prendre - SP120516 www.bennettandbennett.com.au Secondary Interest - Covenant • What is a Covenant? • Covenants can be positive or restrictive • Covenants are in favour of Statutory Entities • Types of Covenants - Related to the use of a lot or building - Preserving native animals or plants, natural or physical feature - Ensuring lots are transferred together • Example of a Covenant www.bennettandbennett.com.au Covenant Document www.bennettandbennett.com.au Covenant - SP269381 & SP254941 www.bennettandbennett.com.au Secondary Interest - Easement • What is an Easement? • Easements must be of a positive nature • Easements generally are in favour of benefitted land • Easements in Gross • Types of Easements • ROL requirement for Access Easements • Easements cannot be created over public road • Easements can be created over public parks or Reserves www.bennettandbennett.com.au Easement Document www.bennettandbennett.com.au Easement Plans - SP299536 & SP291080 www.bennettandbennett.com.au Public Utility Easements • What is a Public Utility Easement? • Types of Public Utility Easements • Restrictions on ‘Right of Way’ Public Utility Easements • Public Thoroughfare Easements www.bennettandbennett.com.au Public Utility Easement – Easement in Gross www.bennettandbennett.com.au Public Utility Easements - SP299531 & SP299566 www.bennettandbennett.com.au High Density Development Easements • What is a High Density Development Easement? • Maximum Lot Size 300m2 • No Body Corporate required for Terrace Housing • HDD Easements do not provide for the sharing of services www.bennettandbennett.com.au High Density Development Easement Document www.bennettandbennett.com.au High Density Development Easement - SP256849 www.bennettandbennett.com.au High Density Development Easement - SP256849 www.bennettandbennett.com.au Certificate of Title showing HDD Easements www.bennettandbennett.com.au Secondary Interest – Other Interests • Caveat • Mortgage • Carbon Abatement • Writ of Execution • Building Management Statement • Community Management Statement www.bennettandbennett.com.au Conclusion • Relevant Documents: - A guide to Land Tenure Under the Land Act 1994 - Land Title Practice Manual (Queensland) www.bennettandbennett.com.au Let’s talk soon… Greg Short Director Email: [email protected] Phone: (07) 5631 8000 www.bennettandbennett.com.au.