Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 107

107 Refusing or compromising application

(1) If the registrar is satisfied that the caveator has an interest in the lot that has not been extinguished under the Limitation of Actions Act 1974 , the registrar may—

(a) refuse to register the applicant as owner of the lot; or

(b) register the applicant as the holder of a lesser interest in the lot that the registrar considers appropriately reflects—

(i) the use made of the lot by the applicant; and

(ii) the period that the applicant has used the lot.

(2) If the caveator does not agree to the registration of the applicant for a lesser interest in the lot, the caveator may start a proceeding in the Supreme Court to recover the lot.

(3) The proceeding must be started within 1 month of receiving written notice from the registrar of the registrar’s intention to register the applicant as holder of a lesser interest in the lot.

(3A) Also, the caveator must, within the 1 month mentioned in subsection (3) , give written notice, in the way the registrar requires, to the registrar that the proceeding has started.

(4) If the caveator does not start a proceeding within 1 month, the registrar may register the applicant as the holder of a lesser interest in the lot.