Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 98

98 Application may not be made about particular matters

(1) An application may not be made under this division if the application—

(a) relates to only a part of a lot; or

(b) is for a lot that may be created in the future by the registration of a plan of subdivision; or

(c) is for a lot the registered owner of which is—

(i) the State or another entity representing the State; or

(ii) a local government; or

(d) relates to possession arising out of an encroachment.

(2) In this section—

"encroachment" means—

(a) an encroachment within the meaning of the Property Law Act 1974 , part 11 , division 1 ; or

(b) the enclosure of a part of a lot with another lot, if—

(i) the enclosure is established by the use of a wall, fence, hedge, ditch, garden bed or other way of marking the boundary between the lots; and

(ii) the wall, fence, hedge, ditch, garden bed or other way of marking the boundary is not on the true boundary between the lots as shown on a registered plan of subdivision.