Under the Land Transfer Act 2017, what is the evidential effect of a copy of a record of title certified by or for the Registrar?
Correct Answer
C) Unless proved otherwise, it is conclusive evidence of what it records
Section 44 of the Land Transfer Act 2017 gives search copies of records of title and registered instruments strong evidential weight. A copy certified by or for the Registrar is, unless proved otherwise, conclusive evidence of the information in the record of title at the stated date and time, and that it lists every interest then registered or noted. That is why a current title search is the starting point for any sale.
Why This Is the Correct Answer
Section 44(6) of the Land Transfer Act 2017 says a copy of a record of title certified by or on behalf of the Registrar is, unless there is proof to the contrary, conclusive evidence of the information in the record of title at the stated date and time, and that it identifies all registered or noted interests affecting it.
Why the Other Options Are Wrong
Option A: It is informal guidance only, with no special status as evidence in court
A certified copy is not mere guidance; section 44(6) gives it conclusive evidential status unless the contrary is proved.
Option B: It binds the parties named in it but proves nothing at all to third parties
Its evidential effect is not limited to the named parties. It is conclusive evidence of the register's contents for anyone.
Option D: It merely gives notice that someone claims an interest in the land
Giving notice of a claim is what a caveat does; a certified copy is evidence of what the register records.
Deep Analysis of This Property Law Question
The question tests how the register is proved in practice. Buyers, lenders and courts rely on title searches, so the Act gives certified copies conclusive evidential status unless the contrary is shown.
Background Knowledge for Property Law
Section 44 of the Land Transfer Act 2017 covers electronic images and certified copies of registered instruments and records of title. Unless the contrary is proved, a certified copy is conclusive evidence of its contents and that it shows all interests registered or noted at the stated time. This supports the Torrens principle that dealings can rely on the register.
Memory Technique
Remember 'the search copy speaks for the register': unless someone proves otherwise, a certified copy is conclusive about what the register said at that moment.
When asked about the effect of a certified title search, pick 'conclusive evidence, unless proved otherwise'.
Exam Tip for Property Law
Don't confuse evidence of the register (s 44) with the effect of registration on title (s 51). Both are tested.
Real World Application in Property Law
In a boundary dispute, a lawyer produces a certified copy of the record of title dated the morning of settlement. The court treats it as conclusive evidence of the interests registered at that time unless the other side can prove otherwise.
Common Mistakes to Avoid on Property Law Questions
- •Treating a title search as informal guidance
- •Confusing certified copies with caveats
- •Thinking evidential effect is limited to the parties named
Related Topics & Key Terms
Key Terms:
More Property Law Questions
Under the Unit Titles Act 2010, who is responsible for maintaining the common property in a unit title development?
A real estate agent discovers that a property they are marketing has a significant structural defect that the vendor has not disclosed. Under the Real Estate Agents Act 2008, what should the agent do?
Under the Property Law Act 2007, what is the effect of a properly executed deed compared to a simple contract?
Which document is required to be registered under the Land Transfer Act 2017 to transfer ownership of fee simple land?
Under the Land Transfer Act 2017, which of the following would NOT be registered or noted on a record of title?
- → A real estate agency holds a client's deposit in their trust account. Under the Real Estate Agents Act 2008, the agency becomes insolvent. What protection does the client have for their deposit?
- → Under the Unit Titles Act 2010, who is responsible for insuring the common property of a unit title development?
- → A client complains to a salesperson about the service they received. Under the Client Care Rules, what must the licensee make sure the client knows?
- → According to the Land Transfer Act 2017, what is the primary purpose of the land transfer system?
- → A lawyer is verifying a client's identity before certifying an electronic land transfer instrument. Which document, on its own, would NOT be enough?
- → A registered owner disagrees with a decision the Registrar-General of Land made about their record of title. After any review by the Registrar, where can they appeal under the Land Transfer Act 2017?
- → Under the Unit Titles Act 2010, owners of what share of the principal units can require an extraordinary general meeting to be held?
- → A licensed real estate agent has been convicted of a serious criminal offence unrelated to their real estate work. Under the Real Estate Agents Act 2008, what disciplinary powers does the Real Estate Agents Disciplinary Tribunal have in relation to the concept of 'fit and proper person'?
- → A licensed salesperson is convicted of fraud in dealings outside their real estate work. Under the Real Estate Agents Act 2008, what can follow?
- → A licensed real estate agent is found to have misappropriated client funds from their trust account. Under the Real Estate Agents Act 2008, which statement correctly describes how far the Real Estate Agents Disciplinary Tribunal's powers go?
People Also Study
Agency Practice
89 questions
Sale & Purchase Process
63 questions
Professional Conduct & Ethics
46 questions
Property Management
85 questions
Related Study Resources
Previous Question
A registered owner disagrees with a decision the Registrar-General of Land made about their record of title. After any review by the Registrar, where can they appeal under the Land Transfer Act 2017?
Next Question
Under the Land Transfer Act 2017, what is the title called that a registered owner obtains which, subject to limited exceptions, cannot be set aside?