Trusts on Title

Notifications of Trusts on the Torrens Register in different regions of Australia.

Queensland

Section 109 of the Land Title Act 1994 (Qld) allows the registration of a beneficial interest on title.

This section reads:

A person may be registered as trustee of an interest in a lot only by the registration of—

(a) an instrument transferring the interest to, or creating the interest in favour of, the person as trustee; or
(b) a request to vest the interest in the person as trustee.

New South Wales

Section 82(1) of the Real Property Act 1900 (NSW) forbids the registration of a beneficial interest on title.

This section reads:

Except as provided by section 12(1)(f) the Registrar-General shall not record in the Register any notice of trusts whether express, implied, or constructive.

Victoria

Section 37(1) of the Transfer of Land Act 1958 (Vic) forbids the registration of a beneficial interest on title, however it does allow for a trust to be declared by any document and deposited with the Registrar for safe custody.

This section reads:

The Registrar shall not record in the Register notice of any trust whether express implied or constructive; but trusts may be declared by any document, and an attested copy thereof may be deposited with the Registrar for safe custody and reference; and the Registrar may protect in any way he deems advisable the rights of the persons for the time being beneficially interested thereunder or thereby required to give any consent; but the rights incident to any proprietorship or to any instrument registered under this Act shall not be in any manner affected by the deposit of such copy nor shall any such copy form part of the Register or be deemed to be registered.

Tasmania

Section 132(1) of the Land Titles Act 1980 (Tas) forbids the registration of a beneficial interest on title.

This section reads:

The Recorder shall not record particulars of any trust in the Register.

South Australia

Section 162 of the Real Property Act 1886 (SA) forbids the registration of a beneficial interest on title, however it does allow for a trust instrument to be deposited.

This section reads:

The Registrar-General shall not, except as aforesaid, make any entry in the Register Book of the particulars of any trust, nor shall any instrument be registered under this Act, which declares or contains trusts relating to land under the provisions of this Act, but any such instrument, or a duplicate or attested copy thereof, may be deposited with the Registrar-General for safe custody and reference, and such instrument may be deposited in the General Registry Office pursuant to the Registration of Deeds Act 1935…

Western Australia

Section 55(1) of the Transfer of Land Act 1893 (WA) forbids the registration of a beneficial interest on title.

This section reads:

The Registrar shall not enter on a certificate of title notice of any trusts other than those set out in the body of the original Crown grant or certificate of title or contained or referred to in the transfer, or the ministerial order for the conveyance, of the relevant Crown land into the fee simple.

Northern Territory

Section 125 of the Land Title Act 2000 (NT) allows the registration of a beneficial interest on title.

This section reads:

A person may be registered as trustee of an interest in a lot only by the registration of:

(a) an instrument of transfer of the interest to the person as trustee; or
(b) a request to vest the interest in the person as trustee.

Australian Capital Territory

Section 124(1) of the Land Titles Act 1925 (ACT) forbids the registration of a beneficial interest on title.

This section reads:

The registrar-general must not make an entry in the register of any notice of trust or declaration of trust in relation to an interest in land, whether express, implied or constructive if the trust creates or affects an interest in land.