Want terms on your version of this?
Two boxes now, the rest on the form below. No cost, no obligation.
Most private lending volume is in Sydney, Melbourne, Brisbane and Perth. The three smaller jurisdictions are fundable, and the instruments are the same, but the law and the lender appetite differ.
Tasmania
The Land Titles Act 1980 governs, and the Recorder of Titles keeps the register, accessed through the Land Titles Office. Section 133 allows a person claiming an interest to lodge a caveat. The registered proprietor can require the Recorder to notify the caveator, who must then start court proceedings within 30 days or the caveat lapses. Hobart and Launceston property values readily. Rural and west coast property is assessed conservatively and generally needs a full valuation.
Australian Capital Territory
The defining feature is tenure. There is no freehold in the ACT; land is held under Crown leases, typically for 99 years, registered under the Land Titles Act 1925. For lending purposes a Crown lease behaves much like freehold: it can be mortgaged, and a caveat can be lodged under section 104. Lease purpose clauses matter, because they restrict what the land can be used for, and that affects value and the pool of buyers. Canberra commercial and residential investment property is sound security, with a market heavily shaped by government tenancy.
Northern Territory
The Land Title Act 2000 was modelled closely on Queensland’s. A caveat lapses three months after lodgement unless the caveator starts proceedings, and the registered owner can shorten that with a notice. A caveat lodged with the consent of the registered owner is an exception. As in Queensland, lenders document NT caveat loans as consent caveats. Darwin property is fundable at conservative leverage. Remote and Aboriginal land trust land is a different legal category and is generally not available as security for this kind of loan.
What it means for a borrower
- Expect a full valuation in most cases.
- Expect LVRs below the metropolitan ceiling of around 65%.
- Allow a little longer, mainly for the valuer.
- If the company, trust or directors also hold property in a mainland capital, offering that as security will usually get better terms.
There is no mortgage duty in any of the three. Registry fees apply. This is general information, not legal advice, and a local solicitor should confirm the position on a particular title.
We match you with a funder and email you their introduction. Reply to it and they’ll be in touch.
Get matched with a funderFAQ
Can a caveat be lodged over ACT leasehold land?
Yes. ACT land is held under long-term Crown lease, registered under the Land Titles Act 1925, and a caveat can be lodged against the Crown lease in the ordinary way.
Do NT caveats lapse like Queensland caveats?
Broadly yes. Under the Land Title Act 2000 a caveat lapses after three months unless proceedings are started, with exceptions that include caveats lodged with the registered owner's consent.
Why are rates higher outside the major capitals?
Smaller markets mean fewer buyers and longer selling periods if a property has to be sold, so lenders keep lower LVRs and price for the extra time.