Papua New Guinea uses the Torrens system of title by registration for all registered land. It is governed by the Land Registration Act (Chapter 191), whose long title states its purpose plainly: an Act to unify the law relating to the registration of title to land.
The central idea: title by registration
Under the older system of unregistered conveyancing, a buyer proved ownership by tracing a chain of deeds back through time and satisfying themselves that every link was good. A defect anywhere in the chain could destroy the title, however innocent the current owner.
The Torrens system replaces that. The State keeps a Register. The person recorded on the folio as proprietor is the proprietor. Registration does not merely record a title that exists independently — it creates it.
Where an instrument of title (a) describes a person as the proprietor of an estate or interest, or (b) indicates by any other form of words that a named person is seised of, entitled to, or has taken an estate or interest — that person is the registered proprietor of that estate or interest.
The three principles
| Principle | What it means | Where it appears |
|---|---|---|
| The mirror principle | The Register reflects all the interests affecting the land, so a searcher need look nowhere else | s 33(1)(b) — encumbrances notified by entry or memorial on the folio |
| The curtain principle | You need not look behind the Register into prior dealings or trusts | Part XI (trusts); s 33(2) |
| The insurance principle | Where the system produces a loss, compensation is available | Part XIV — the Assurance Fund |
None of the three is absolute in Papua New Guinea. Section 33(1) contains nine exceptions, and they are dealt with in indefeasibility of title.
What is on the Register
Almost all land in Papua New Guinea that is not customary land is held under a State lease, and the Register records:
- the land — by portion, or allotment and section, with a plan reference;
- the estate or interest — typically the State lease, with its term and purpose;
- the registered proprietor;
- the encumbrances — mortgages, leases, easements, caveats and other notified interests.
The Act is organised around the dealings that can be registered: transfers (Part V), leases (Part VI), mortgages and charges (Part VII), caveats (Part VIII), easements (Part IX), trusts (Part XI) and transmissions (Part XII).
What the Register does not cover
- Customary land. The overwhelming majority of land in the country is customary land, held under custom and generally unregistered. Part IIIA provides a voluntary route for registering it, but it is the exception rather than the rule.
- Leases of government-owned buildings. Section 99(7) of the Land Act 1996 expressly provides that the Land Registration Act does not apply to them. See leases of government-owned buildings.
- Short tenancies. Section 33(1)(f) protects a tenancy from year to year, or for a term not exceeding three years, whether created before or after the issue of the instrument of title — whether or not it is registered.
The Registrar of Titles
Part II establishes the administration, and Part XVII sets out the powers of the Registrar and Deputy Registrar. The Registrar keeps the Register, examines and registers instruments, issues certificates of title, and has statutory powers to correct errors and to require production of documents.
Part XV then provides the remedies where the Registrar refuses to register or directs something a party disputes — along with ejectment and damages.
How the two land statutes fit together
The Land Act 1996 and the Land Registration Act do different jobs, and both apply to the same piece of land:
| Land Act 1996 | Land Registration Act | |
|---|---|---|
| Governs | How the State acquires, reserves, leases and forfeits land | How title to land is registered and protected |
| Key officer | The Minister, the Departmental Head, the Land Board | The Registrar of Titles |
| Creates | The State lease | The registered title to it |
| On a sale | Ministerial approval of the dealing (Part XVII) | Registration of the transfer (Part V) |
A transaction needs both. Ministerial approval without registration leaves you off the Register; registration of a dealing that was void for want of approval is open to challenge.
A caution about the text
PacLII carries the Land Registration Act in its 1986 Revised Edition. The Act has been amended since — the Land Registration (Amendment) Acts of 1994, 1996, 2009 and 2022 — and Part IIIA on customary land registration was inserted by later amendment. Read the amending Acts alongside the principal text, and confirm commencement.
Sources
- Land Registration Act (Chapter 191) — ss 32, 33; Parts I–XIX
- Land Act 1996 — ss 76, 99, 127–129
- Mudge v Secretary for Lands [1985] PGSC 13; [1985] PNGLR 387
- Papua Club Inc v Nasaum Holdings Ltd [2004] PGNC 178; N2603
Before relying on anything here, read the current text of the Land Act 1996 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.