Key Points:
In Queensland registration of a survey plan will now
transfer every existing interest referred to in it, with the effect
of unilaterally altering terms of an agreement between parties,
even if the interest holder has not consented.
A late 2014 decision from Queensland's Court of Appeal has
created uncertainty concerning the application of section 182 of
the Land Title Act 1994 (Qld) and has implications for all retail
shop leases.
The compulsory acquisition
Mekpine Pty Limited v Moreton Bay Regional Council [2014] QCA
317 is a compulsory acquisition of land case which has wider
implications.
Mekpine entered into a retail shop lease in March 1999 over part
of Lot 6. In 2006, the lessors purchased adjacent land, which was
subsequently amalgamated with Lot 6 to create Lot 1. Consistent
with usual practice, Mekpine's lease was noted on the back of
the survey plan for Lot 1 and it was registered.
