biibi13

Hi there

I hope you can help me with this one.

We have moved from WA to QLD and found a quite nice house we might buy. When we had a look at the title certificate it stated under the easement section:

1. Rights and interest reserved to the Crown by
Deed of Grant No 10116038 (POR 143)
Deed of Grant No 10735041 (POR 145)

What does this mean? According to the RE agent this is written on all titles in QLD. Haven't seen something like that in WA.

Could someone please confirm if this is a common entry or not?

biibi13

No QLD home buyers here?

ABCDiamond

I have just looked this up, as I haven't noticed it before, and have bought 2 QLD houses myself, but can't find anything.

I will dig out an email address for someone, a local Brit who owns a real Estate agents in my area. They may be able to help. I will PM the email to you.

mark213

Its to do with it being State Land, and has a Deed of Grant in Trust (DOGIT) over it. It is system of community-level land trust established in Queensland to administer former reserves and missions.

Ie its land on a reserve and there will be by-lays or rules set down by the trustee (usually a goverment body or forum)

See http://www.derm.qld.gov.au/land/stat...at_can_i_do_on

Setting aside land for the community
Over 22,000 parcels of land throughout Queensland have been set aside under the Land Act 1994 for a particular public or community purpose. They may be reserves or deeds of grant in trust, and are collectively referred to as 'trust land.'

Land can be set aside for:

parks and gardens
showgrounds
cemeteries
drainage
open space
sport and recreation.
Many recreation facilities and parks and gardens, such as ANZAC Park in Brisbane City, are on land that has been set aside by the state for community purposes.

For more information, see the Land Act 1994.

Who looks after trust land?
For day-to-day management, trust land is generally in the care of trustees. These are often the local government, but can also be groups such as a showgrounds trust or an incorporated sporting association. Trustees are responsibile for managing the land subject to the provisions of the Land Act 1994.

The trustees are the owners of the land for the purposes of legal proceedings, so they can sue and be sued, and take action to remove trespassers or to protect property under their control. However, they may not sell or transfer the land. As they are, in effect, managing the land for the people of Queensland, they are obliged under the Act to keep proper books and accounts.

Permission is required from the department before a trust can be revoked or cancelled, and there must be a good reason for this (e.g. equally good local land made available elsewhere for a reserve). Native title may continue to exist on trust land, so no change can take place other than in accordance with state and federal native title laws.

What can I do on trust land?
A member of the public has the right to use trust land for the purpose for which it was set aside. However, the precise details of this use are governed by laws (by-laws or local laws) made by the trustees. For example, by-laws may prohibit playing golf on a reserve in the interests of the safety of people using it for walking.

Where the trustee is the local government, activities on the land are governed by local laws made by that government, so contact them if you have any questions about what laws apply.

Trustees other than a local government may adopt model by-laws. For a copy of the by-laws that apply to a reserve or deed of grant in trust, contact the trustees.

A trustee may also lease some or all of the land, or permit it to be occupied, and the State may lease a reserve or issue a permit over a reserve. This gives the lessee certain rights (e.g. though a member of the public may have the right to walk their dog on leased trust land, they do not have the right to enter a building constructed on that land).

Any lease must be consistent with, or must not diminish the purpose of the reserve. Generally, rent obtained from a trustee lease must be used to maintain or enhance the trust land.

ABCDiamond

Something seems odd if the Real Estate agent says it is on all titles in Australia

mark213

Talking crap unless that agent is always selling crown land! Its likely that the OP is in a national park or something like that.

biibi13

Thanks a lot for your replies.

No it is not in a National park. It's just a normal suburbian house, surrounded by many other houses.

ABCDiamond

I have just read something on the somersoft property forum, and they are referring to "rights and interests reserved to the Crown by Deed of Grant" in regard to easements which is "a right over 'your' land owned by someone else" eg, the Council, Telstra, etc for various services that may need access to.

You may find that these deeds of grant include allowing the emergency services access to your swimming pool water for example, in an emergency.
Or for the council to come in and sort out joint sewers that may traverse your property.

This legal information was referenced: http://www.lawlink.nsw.gov.au/lrc.nsf/pages/DP22CHP6

biibi13

Thanks ABC, very helpful.

Suni&Jay

As ABCDiamond says, Although you have the right of use over this land you are not allowed to build a 'structure' on it. It is normally a sewer pipe or cables. So if anyone had to get access to it then no buildings would have to be knocked down and you would have to let them have access to it.
It is common but certainly NOT on every contract in QLD. If the agent is telling you any different ask him to put it on paper. Another case of 'Fresh off the boat' they won't know how the system works, I just want my commission!
Bloody agents!

asprilla

Why don't you ask this question to the person that gave you the title deed?