Identifying Rights, Obligations and Restrictions on Freehold Land in Queensland

Hoskins, Paul Francis (2018) Identifying Rights, Obligations and Restrictions on Freehold Land in Queensland. [USQ Project]

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Abstract

Land is a precious and limited resource forming the basis of a society’s economic, social and environmental development. Due to degradation of the land and natural resources, governments have attempted to change the way people relate to and use the land by introducing legal rules known as rights, obligations and restrictions (RORs).

The role of a land administration system (LAS) is the unambiguous identification and definition of RORs that can exist over a parcel of land thereby enabling the landowner to confidently and readily identify interests that affect their land.

The primary intention of this project is to assess the efficiency of the Queensland LAS by conducting searches for all RORs that can exist over a freehold parcel of land and identify any impediments or inefficiencies to the searching process. A comprehensive typology was formulated for this task and searches carried out over three parcels of freehold land comprised of differing characteristics (urban, rural residential, large size rural).

Searches of the case study lots revealed impediments and inefficiencies to the process being that extensive research and knowledge was required to formulate an exhaustive typology prior to searching, government agencies putting disclaimers on supplied information and limiting their liability, multiple government departments administering RORs independently of each other, some paid searches seem excessive and that RORs are dynamic and continuously evolving.

Positive outcomes of the research were that most searches of registers, databases and online mapping were free, efficient and publically available through government websites and that the Qld Globe has evolved to become the closest thing to a recognised centralised database, certainly with regards to state interests in land.

The application of the typology to the three case study lots was relatively simple, efficient and inexpensive.

While impediments and inefficiencies exist, past assumptions that the Queensland land administration system is in need of major reform are not supported by the findings of this project.


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Item Type: USQ Project
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - Faculty of Health, Engineering and Sciences - School of Civil Engineering and Surveying (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Health, Engineering and Sciences - School of Civil Engineering and Surveying (1 Jul 2013 -)
Supervisors: Simmons, Shane
Date Deposited: 22 Jan 2021 01:17
Last Modified: 10 Feb 2021 04:58
Uncontrolled Keywords: land administration system (LAS); rights, obligations and restrictions (RORs); freehold land; Queensland
Fields of Research (2008): 12 Built Environment and Design > 1205 Urban and Regional Planning > 120504 Land Use and Environmental Planning
Fields of Research (2020): 33 BUILT ENVIRONMENT AND DESIGN > 3304 Urban and regional planning > 330404 Land use and environmental planning
Socio-Economic Objectives (2020): 18 ENVIRONMENTAL MANAGEMENT > 1806 Terrestrial systems and management > 180603 Evaluation, allocation, and impacts of land use
URI: http://eprints.usq.edu.au/id/eprint/40630

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