When you exchange contracts on a Queensland property, there is a window between signing and settlement where your ownership rights are not yet registered on the title. During this period, the seller could — in theory — sell the property to someone else, grant a new mortgage, or lodge another dealing that affects your interest. Queensland's priority notice system was introduced specifically to close this gap, giving buyers a powerful legal protection tool during the settlement process.
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Understanding how priority notices work, when to use them, and what happens if one appears on a title you're searching can make a significant difference to the outcome of your property transaction.
What Is a Priority Notice?
A priority notice is a temporary entry that can be lodged on a Queensland property title to protect a party who has a pending dealing — such as a transfer, mortgage, or lease — that has not yet been registered. It acts as a flag to the world that a transaction is underway and that any subsequent dealings lodged after the priority notice will take a lower priority.
The priority notice framework is governed by the Land Title Act 1994 (Qld) and was introduced to modernise Queensland's property system and reduce the risk of title fraud and competing interests during the settlement window.
Once lodged, a priority notice provides a 60-day protection period. If the intended dealing is registered within that 60-day window, it takes priority over any other dealings lodged after the priority notice — regardless of when those later dealings are actually registered.
How Does a Priority Notice Protect Buyers?
Consider a typical Queensland property purchase. You sign a contract, pay your deposit, and commence your due diligence. Settlement is scheduled for 30 days away. During that time:
- The seller remains the registered owner
- Third parties searching the title may not be aware of your purchase contract
- A dishonest seller could attempt to mortgage the property or grant an easement
- A creditor of the seller could lodge a caveat or enforcement interest
A priority notice lodged on your behalf after contract exchange signals clearly on the public register that a transfer is pending. Any person who searches the title will see it immediately. This discourages — and in most cases legally prevents — competing dealings from taking priority over your transfer.
Who Can Lodge a Priority Notice?
Under Queensland law, a priority notice can be lodged by:
- A buyer who has exchanged contracts and is waiting for settlement
- A mortgagee about to register a new mortgage
- A party with a pending lease or easement registration
- Any person with an intended dealing in a form approved for lodgement
The lodgement must be made through Queensland's land registry system, typically by a conveyancer or solicitor acting on behalf of the buyer. Self-represented buyers can lodge a priority notice directly, but legal advice is strongly recommended given the technical requirements.
What Does a Priority Notice Look Like on a Title Search?
When a priority notice is active on a Queensland title, it appears in the encumbrances section of the current title search. It will display:
- The dealing number assigned to the priority notice
- The date and time of lodgement
- The name of the party who lodged it (usually the intended buyer or mortgagee)
- The type of intended dealing it protects (e.g., transfer, mortgage)
If you are conducting due diligence and see a priority notice on a title you're searching, this is a significant finding. It means another party has a protected interest in the property and is in the process of completing a transaction. Proceeding with any purchase or dealing without understanding the priority notice first could place you in a subordinate position legally.
A current title search from TitleFinder costs $74.50 and will display any active priority notices along with all other encumbrances on the title.
The 60-Day Limitation Period
A priority notice does not remain on the title indefinitely. The protection window is 60 days from the date of lodgement. Within that window:
- The protected dealing must be lodged for registration
- The priority notice can be extended once for a further 60 days if the settlement is delayed
- If the dealing is not lodged within the extended period, the priority notice lapses automatically
A lapsed priority notice no longer provides protection. If settlement is significantly delayed — for example, due to finance issues or disputes — the conveyancer should monitor the expiry date carefully and apply for an extension before it lapses.
Priority Notices vs Caveats: Key Differences
Many Queensland property buyers confuse priority notices with caveats. While both appear on a title search and protect an interest, they serve different purposes:
| Feature | Priority Notice | Caveat |
|---|---|---|
| Purpose | Protect a pending dealing before registration | Claim an existing equitable or legal interest |
| Duration | 60 days (extendable once) | Until withdrawn, lapsed, or removed by court |
| Who lodges | Party with an intended dealing | Party claiming an existing interest |
| Effect | Gives priority to the intended dealing | Prevents registration of inconsistent dealings |
| Removal | Automatically lapses or removed on registration | Must be withdrawn or court-ordered |
In many transactions, conveyancers use a priority notice rather than a caveat because it is a more targeted and time-limited protection mechanism designed specifically for the settlement process.
What Happens If Someone Lodges a Dealing After Your Priority Notice?
If a third party attempts to register a dealing — such as a second mortgage or transfer — after your priority notice has been lodged, Queensland's Land Title Act ensures that your protected dealing takes priority once it is registered within the 60-day window.
In practice, this means the later dealing would be registered subject to your transfer. The result is that the third party's interest would be subordinate to yours, provided your priority notice was in place before their lodgement.
This legal protection is a key reason why Queensland conveyancers routinely lodge priority notices on behalf of buyers immediately after contract exchange, rather than waiting until closer to settlement.
When Should You Order a Title Search?
Best practice in Queensland property transactions involves ordering title searches at multiple stages:
- Pre-contract: Check for existing encumbrances, caveats, and other issues before signing
- After exchange: Confirm the state of the title before lodging your priority notice
- Pre-settlement: A final title search 24–48 hours before settlement to confirm no new dealings have been lodged and your priority notice is still active
A current title search costs $74.50 and provides an up-to-date snapshot of the title register, including any priority notices, caveats, mortgages, and easements. For properties with complex title histories, a historical title search ($86.50) can reveal how the property has been dealt with over time.
Priority Notices and Title Fraud Prevention
Title fraud — where a person fraudulently transfers or mortgages a property they don't legitimately own — is rare in Queensland but not unheard of. Priority notices form part of a broader set of protections that Queensland's title system uses to reduce this risk.
By making a pending transaction visible on the public register, a priority notice creates a deterrent effect. Any competent conveyancer, lender, or buyer conducting due diligence will see the priority notice immediately on a current title search and know that a competing transaction is underway.
Combined with Queensland's robust Torrens title system and the guarantee of indefeasibility for registered proprietors, priority notices provide a layered approach to protecting buyers throughout the settlement process.
Practical Steps for Queensland Property Buyers
If you are purchasing property in Queensland, here is what you should do in relation to priority notices:
- Order a current title search before signing — check for any existing priority notices or encumbrances
- Ask your conveyancer about lodging a priority notice after exchange — this should be standard practice
- Order a pre-settlement title search — confirm your priority notice is active and no new dealings have been lodged
- Monitor the 60-day expiry — if settlement is delayed, ensure the priority notice is extended before it lapses
- Check for priority notices before making any offer on a property — a current title search will reveal if another buyer is already in the settlement process
TitleFinder makes it straightforward to order a current title search for any Queensland property at $74.50, giving you full visibility over all encumbrances, priority notices, and registered interests before you commit to any transaction.
Summary
Priority notices are a valuable but often misunderstood protection mechanism in Queensland property law. They provide a 60-day window of priority for buyers and other parties with pending dealings, ensuring that the settlement process cannot be undermined by competing transactions lodged after the contract is signed.
For buyers, understanding priority notices — both as a protection you should use and as a flag to watch for on title searches — is an important part of Queensland property due diligence. Always order a current title search at each stage of your transaction, and work with a qualified conveyancer who can lodge a priority notice on your behalf after exchange.
Need a current Queensland title search? TitleFinder delivers official results fast — $74.50 for a current title search, with results available quickly.