Incomplete purchase

Many Crown Grants (and more recently Crown First Titles) were issued subject to conditions and restrictions. These parcels are fee simple (not Perpetual Leasehold) and the titles bear notifications relating to:

  • the tenure identity (Conditional Purchase, Suburban Holding etc usually expressed in the form tenure type/tenure number/land office viz CP1948/17 Goulburn)
  • the purchase and other monies payable (if any)
  • restrictions on subdivisions (if any)
  • any other restrictions other than restrictions on dealings
  • forfeiture provisions which apply if conditions are not met.

Conditions and restrictions may be altered or removed by the lodgment of an appropriate dealing (Form 19MA).

Types of Crown tenures

A table listing the tenures administered under the Crown Lands (Continued Tenures) Act 1989 (and the common abbreviated form) can be found in Baalman & Wells Paragraph 120.100.

Subdivision

Any new deposited plan subdividing a title that is subject to an existing Crown Grant must be accompanied by evidence indicating the consent of the Minister for Lands and a statement setting out the manner in which the tenure is to be endorsed on one or all of the new titles.

In this regard the following documentation should be lodged in LPI:

  • if the existing title is subject to a Restriction on Subdivision a Form 19MA dealing - see Restrictions on subdivision, or
  • if the existing title is not subject to a Restriction on Subdivision a Form 11R Request dealing setting out the details of the existing and any new Crown tenures.

The consent of Crown Lands must be endorsed in the appropriate panel on the Administration sheet of the plan.

For titles subject to an Irrigation Farm Purchase - see Irrigation area plans.