1 Registration of property rights in Australia
Australia (Queensland), with the exception of the Land Information and property Office of the State Department of Natural Resources and Mines, there is no real estate to be recorded, land rights are registered as sole title, and other objects on the ground are appurtenances to the land. Its rights are also attached to land rights.
As long as the land right is legally owned, everything on the land will naturally become the interest of the landowner without any other contract (contract). If the contract (contract) is registered, it can only be accepted as a restriction on the land right by the owner of the land right, without affecting his legal land right.
The single right to real estate will make it easier for society to accept and understand the rights of real estate, to form a sense of self-protection and registration of property rights, and to make the legislative objectives and contents of the legislature relatively simple, The process and method of registration of property rights of registration institutions are easier to regulate, and the credibility of registration of property rights is easier to form and improve.
Moreover, the property owners of land and real estate are generally the same, and the real estate registration system based on land registration is very scientific. Replacing or including property registration with land registration can not only reduce the prevarication between departments, but also save a lot of repetitive work.
Australian law provides for the administration of land by the state of goverment. In its federal, state, and local level goverment, the Federation has no title to land (real estate), and the local goverment does not have the authority to administer the land. Land property rights are registered by the Land Information and property Office of the State goverment Department of Natural Resources and Mines.
Australia is registered on a state-owned basis, with sub-state registration areas and registration centres, directly administered by the State Land Registration Office, which is responsible for the handling and handling of taxi registrations. After the land registration has been examined and signed by the registrar, the registration agency shall register it directly on behalf of the goverment. If the property right certificate is required by the property owner, it will also be issued in the name of the land registration agency.
2 Australian property right types and title certificates
Australian property rights include property ownership, possession, domination, right to use, income right and disposition right. Australian house ownership refers to the owner's ownership of the house and the right to use the land occupied by the house. Housing as a real estate and land is an indivisible whole, housing in the transfer and other property rights change, must be real estate, it is impossible to separate the house and land disposition.
The types of title in Australia are as follows:
The types of ownership held in Australia are as follows:
In practice, a question often raised by clients is whether the Australian goverment will voluntarily give the property holder a title right after the delivery of the property.
In general, home ownership in Australia, unlike in China, requires a pile of formalities and eventually has a thick property certificate for owners to retain. After Australian property delivery, you will often obtain from property law lawyers a valid purchase and purchase contract (Executed Contract), delivery detail (Settlement Statement), related search report (Searches) and / or Loan Agreement (loan contract) and other transfer documents.
If you are a cash buyer, about a month after your property attorney registers for you, you can ask your lawyer to provide you with an e-file Certificate of Title, or title search certificate, Its proven power can be equivalent to China's "property certificate."
If you are a loan buyer, then this Certificate of Title will be sent directly from the Lands Titles Office to the bank, and no middleman or agency will have the opportunity to get it because the bank will need to register their mortgage at the same time.
It is important to note that property delivery is not the same as property registration, due to the time difference in the operation process, you can then conduct another property rights retrieval (Title Search), to ensure that the property right has been registered smoothly.
Australian property search sample (Title Search Sample)
3. General situation of property right Registration in China
China's real estate registration, land registration, real estate registration, even forest property registration, grassland registration, and so on, and distributed in different registration authorities, has seriously affected the accuracy and credibility of registration. And brought a lot of trouble to the users.
According to China's current legal system, real estate rights include land rights, housing rights, forest rights, grassland rights, and so on. The forms, contents, acquisition methods and exercise of these rights vary according to different laws. Registration authorities belong to each administrative department, the procedures and methods of registration are also different. Land and housing, forest, vegetation rights related to the relationship between the law is one word, different departments stand in their respective positions (interests), are stressing their rights.
On the other hand, the land rights, which form the basis of these rights, are more reluctant to be recognized by various departments for their own benefit, and there are even provisions and practices that replace land rights with land property rights, The direct harm is the improper recognition and protection of real estate rights, as well as the low credibility of real estate registration. Moreover, it has a direct impact on the construction of China's real estate legal system and the formulation of the property Law.
And the form, content and limitations of land rights are far more complex than the rights of houses, trees and grasslands, and there is no direct form of rights for houses, trees and grasslands, plus the effects of long-term planned economic and social habits. People's understanding of land rights, the cultivation of consciousness of seeking legal protection, and the establishment of land rights as the basis of real estate rights need a process.
According to the development of China's economy and society, it is necessary to establish a legal system of real estate rights based on land rights, and to establish a unified registration system of real estate based on land registration.
In terms of land registration institutions, China implements a mechanism in which the local people at or above the county level are goverment as the land registration authority, and the specific affairs of land registration are under the responsibility of the administrative department of land administration of goverment. The application for land registration needs to be submitted to goverment for examination and approval, and the land title certificate must be issued in the name of goverment. Land registration is mainly carried out at the county level or in districts and cities, and in some provinces registration is carried out at different levels.
These experiences of Australia can be used for reference and help in China's unified registration of immovable property, convenience for land users, and guarantee of accuracy and authority of registration. Therefore, in order to establish the unified registration system of real estate in China, we should make use of the new opportunities brought about by the implementation of the property Law to actively promote the establishment of the unified registration system of real estate. Land as the only carrier of real estate, the establishment of land-based real estate unified registration system has very obvious advantages.
All kinds of Chinese title certificates
If you would like more information about Australian title registration, or if you are seeking professional advice and advice about property registration disputes, you are welcome to follow the author's contact details below for a case-by-case consultation.
Counsel: Lin Huiming
China and Australia legal profession qualification, Australian legal Practitioners Doctor, British Master of International Business Law (Honours) and Chinese LL.Bachelor of Law (National Scholarship) jointly published the first time Australia Home purchase Red and White Books. Author of more than five hundred thousand original Chinese and Australian legal texts won the 2018 APAC Outstanding Australian Young lawyers Award (aged 30 or under), covering property law, international commercial law and family law.
