Colonialidad del Poder

Following the introduction of the LAA (which commenced operation on 30 March 1998), Crown Grants are no longer created and registered by the Governor and the Minister for Lands. Depth limits are no longer specified unless they are already in existence.

Crown land can now be brought under the TLA by the lodgement and registration of a Transfer of Land document after a settlement (similar to a settlement of freehold land) has taken place. The Transfer conveys a fee simple interest in the land subject to all other rights and reservations retained by the State in any written law. This will result in the cancellation of the certificate of Crown land title and the creation and registration of a certificate of (freehold) title. Where land to a specific depth or height is to be transferred to the freehold, a Deposited Plan is required to define the cubic depth or height as a Lot. (See Chapter 12 of the Survey and Plan Practice Manual).

Even though Crown Grants are no longer created and registered, search copies of all those previously created and registered are still available from LANDGATE. Since the introduction of the LAA, the details of the first freehold certificate of title is available on Smart Register on LANDGATE’s mainframe.

2.3.6.4. SEARCHING CROWN GRANTS

The primary searching reference to locating the Crown Grant is the parcel identifier that relates to the original parcel of land (i.e. the first location or lot created immediately after being Crown land). The two main searching tools therefore are the Deeds Office Land Indices for land granted prior to 1875, and the mainframe Smart Register for all other grants, looking at the historical register field (although in effect this index has most Crown Grants listed as the historical register). If the original parcel identifier is unknown then a chain of title search backwards will reveal it eventually.

Prior to 1.7.1875 (the commencement of the TLA) Crown Grants issued by the Survey Office (from settlement of the Colony) and then the Crown Lands and Surveys Department as it was until it began in 1890), were issued to the Deeds Office for registration under the Registration of Deeds Act as “Country Enrolments” or “Town Enrolments”.

From 1.7.1875, Crown Grants issued to the Office of Titles were (because of the size and presentation of the Crown Grant forms used under the Land Regulations, until the commencement of the Land Act 1898 on 1.1.1899) replaced by a certificate of Title.

Commonly such certificates were marked “O.G” (i.e. Original Grant) which is highly misleading. The Original Grant was in fact the Crown Grant as lodged by the Crown Lands and Surveys Department.

 A Crown Grant recites full particulars, including rights and reservations. The Original Grant (O.G) is now stored within LANDGATE. Previously the O.G. issued to the Proprietor.

 The O.G may be replaced by a Certificate of Title, which shows only a highly condensed version of the information on the Crown Grant.

 Crown Grants and Certificates of Title are numbered in the same series.

 A Certificate of Title may be endorsed O.G in the top left hand corner and shows a perforated “Original” at the top, BUT does no recite reservations etc (only relevant Certificates of Title prior to Volume 780)

 O.G indicates that the actual Crown Grant information is stored elsewhere and the

“Original” refers only to the document being the first C/T issued (only relevant to Certificates of Title prior to Volume 780)

 If access to the Crown Grant full reservations is required, contact Land Records Management within LANDGATE to arrange access (only relevant to Certificates of Title prior to Volume 780)

 After Volume 780, reservations are recited the Crown Grant.

Note* When searching Crown Grants via IVS (Image System), there are three (3) options as follows:

 Certificate of Title

 Country Grant

 Town Grant

If full particulars are required when searching, ensure that the Certificate of Title is compared with the Country Grant or Town Grant.

2.3.7. CROWN LAND RECORDS

At the time the LAA was being proposed and a single registration system was contemplated, Crown land records were created to set up a recording mechanism for Crown land using the computerised searching facilities under the Torrens Register.

Crown land records were an administrative device, created in the same format as a certificate of title. A Crown land record was not indefeasible under the Torrens system. It was merely a paper record created for defined portions of Crown land administered under the provisions of the Land Act 1933.

Crown land records differed from a certificate of title in that the Crown was always shown as the registered proprietor and no duplicate Crown land records were ever created. Other interests in the Crown land were recorded and these interests included leases under the Land Act 1933, easements, reservations to a particular use, and if appropriate, the name of the Local Government or statutory body in which care, control and management of the land was vested.

A particular convenient use of the Crown land record was to show the leases to sporting and other bodies of areas of recreation reserves. Caveats and mortgages were also registered under the provisions of the Land Act 1933 against the Crown land record.

Under the LAA, all Crown land records were transitioned across to the LAA as Qualified certificates of Crown land title pursuant to item 44 of Schedule 2 of the LAA.

For historical purposes, search copies of all Crown land records ever issued are still available from LANDGATE.

2.3.8. FOUR DIFFERENT TYPES OF TITLES FOR CROWN LAND

With the implementation of a single registration system under the LAA, the Torrens Register was expanded to include a Register for Crown land, being a register of land tenure and interests in Crown land.

Crown titles can now be created for each allocated parcel of Crown land with a land description (being a lot on a deposited plan or a site on an ‘internal interest plan’ which is not necessarily a survey plan), and will be issued in the name of the “State of Western Australia”.

Unlike the Torrens system for freehold land, no duplicate Crown titles will be issued. All land the subject of a Crown title is ultimately held by the State of Western Australia, and is not owned by any other person, unlike the ownership of freehold land.

Only the Minister for Lands, or a person delegated by the Minister may apply to the Registrar for the creation and registration of a certificate of title for Crown land under Part IIIB of the TLA (see section 81V of the TLA).

The Torrens Register for land administered by the Registrar of Titles under the TLA now includes a further 4 main types of titles for Crown land:

 Certificates of Crown land title (CLT);

 Qualified certificates of Crown land title (QCLT);

 Subsidiary certificates of Crown land title (SCLT); and

 Qualified subsidiary certificates of Crown land title (QSCLT).

A Crown title (which can be any of the above four types of titles for Crown land), like a freehold certificate of title, contains three schedules:

 First Schedule

The first schedule of a CLT and QCLT contains details of the primary interest holder and the tenure status of that parcel of Crown land. The types of endorsements in the first schedule include reserve details, management body’s and lessee’s details, where the lease has been issued on behalf of the State of Western Australia by the Minister for Lands under the LAA (also known as a State Lease).

The first schedule of a SCLT and QSCLT contains details of the internal interest holder and is linked to a head CLT or head QCLT. For further information on SCLTs and QSCLTs, see Paragraphs 2.3.8.3 and 2.3.8.4.

In contrast, the first schedule of a freehold certificate of title contains details of the registered proprietor of that land parcel. The registered proprietor of a Crown title is always the “State of Western Australia”. This is shown in the preamble of the title.

It should be noted that Crown titles have been incorporated into SmartRegister commencing July 2002. Crown titles will only refer to a lot on deposited plan. As with freehold titles in SmartRegister, the graphic for that land is no longer displayed on the Crown title and is available for searching either by obtaining a copy of the deposited plan or superseded Crown title.

2.3.8.1. CERTIFICATE OF CROWN LAND TITLE

The first type of title for Crown land is known as a certificate of Crown land title. A CLT, like a freehold certificate of title is, subject to section 68 of the TLA, conclusive evidence of the Crown interests, dealings and encumbrances registered against a defined parcel of Crown land. An example of a CLT is set out in Attachment 2.