Transfer of Land Act 1958 - Victorian Legislation and Parliamentary ...

Version No. 161
Transfer of Land Act 1958 No. 6399 of 1958 Version incorporating amendments as at 1 January 2010
table of provisions
Section Page 1 Short title and commencement 1
2 Repeals and savings 1
3 Application of other laws etc. 2
4 Definitions 3 Part I-The Office of Titles 15 5 Registrar of Titles 15
6 Certain signatures to be judicially noticed 16
7 Annual report to include details of changes to form of
Register 17 Part II-Bringing Land under the Act 18 Division 1-General 18 8 Land granted by Crown to be subject to this Act 18
9 Duty of Registrar 19
10 Who may bring land under this Act? 19
11 Leased land may be brought under the Act 20 Division 2-On legal practitioner's certificate 21 12 Choice of conversion schemes 21
13 Deed registration conversion scheme 21
14 Application (non-survey) conversion scheme 23
15 Application (survey) conversion scheme 24
16 Legal practitioner's certificate 26
17 Act to apply to conversion scheme land 26
18 Power of Registrar to create folio for conversion scheme
land and require assurance contribution 27
19 In whose name title to issue 28
20 Removal of warning relating to subsisting interests 29
21 Removal of warnings relating to title 29 Division 3-Without legal practitioner's certificate 29 22 Lodgment of specified dealing 29
23 Application for creation of provisional folio 30
24 Creation of provisional folio 31
25 Warning as to subsisting interests 31
26 Warning as to title dimensions 32
26A In whose name provisional folio created 32
26B Lodgment of competing interest 33
26C Removal of warning as to subsisting interests-general 33
26D Removal of warning as to subsisting interests-possessory interests 34
26E Creation of identified folio 34
26F Recording of interests on identified folio 35
26G Effect of recording of interest on identified folio 36
26H Interests in identified folio subject to subsisting interests 37
26I Priority of interests 37 Division 4-General provisions applying to conversion under this Part
37 26J Search of title 37
26K Warnings on provisional folios 38
26L Land in a provisional folio cannot be subdivided or
consolidated 38
26M Mortgages 38
26N Notice of creation of ordinary folio or provisional folio for
land in identified folio 39
26O Notice of creation of folio under Division 2 for land in provisional
folio created under Division 3 42
26P Removal of warning relating to title dimensions 42
26Q Notice of creation of folio or removal of warning 43
26R Caveats 44
26S Registrar's discretions 46
26T Documents lodged in support of application 49
26U Notice of creation of folio 50
26V Recording of instruments affecting land 50
26W Requirement to Registrar to bring land under this Act 52 Part III-The Register 54 27 Register of land 54
27A Recordings in the Register 57
27AB Verification of identity 58
27B Certificates of title 59
27BA Power not to destroy certain certificates of title 61
27C Record of dealings 62
27D Evidence 62
27E Submission of documents to facilitate registration 63
27F Construction of references 63
27G Record of plans 67
28 Creation of folio of the Register and certificate of title 69
29 Registration of grants and certificates 71
30 Minors etc. 71
31 Lost grant or certificate etc. 72
32 Issue of new certificate of title 72
33 Instruments when registered 73
34 Instruments entitled to priority according to date of lodgment
for registration 73
34A Dealings may be registered together 74
35 Instruments in duplicate and triplicate 74
36 Repealed 75
37 Entry of trusts in Register 76
38 Grants and certificates endorsed "no survivorship" 76
39 Dealings registered prior to issue of Crown grant 77 Effect of registration 78 40 Instruments not effectual until registered 78
41 Certificate to be conclusive evidence of title 78
42 Estate of registered proprietor paramount 79
43 Persons dealing with registered proprietor not affected by
notice 80
44 Certificate etc. void for fraud 81 Part IIIA-Electronic Instruments 82 44A Restriction on lodgement of electronic instruments 82
44B Registrar may provide electronic lodgement network 83
44C Agents for lodging electronic instruments must be eligible persons 83
44D Powers of Registrar 84
44E Duty of Registrar in relation to priority of electronic
instruments 85
44F Notification of registration 86
44G Evidence of registration of electronic instrument 86
44H Electronic lodgement network malfunction 87
44I Destruction of certificate of title 87
44J Registrar may require production of documents 88
44K Registrar may specify matters to be certified 88
44L Evidence of electronic instruments 88
44M Electronic certification of electronic instrument 89
44N Registrar may deal exclusively with responsible party 89 Part IV-Registration of Dealings with Land 91 Division 1-Transfers 91 45 Form of transfer 91
46 Transfer to include right to sue 91
47 Power to Registrar to make a vesting order in cases of
completed purchase 92
48 Adoption by reference of "Table A" conditions of sale in
Seventh Schedule 93 Division 2-Transmissions 93 49 Registration of personal representatives 93
50 Registration of survivor of joint proprietors of fee simple lease
mortgage etc. 94
51 Registration of trustee of bankrupt 94 Division 3-Sales by sheriff etc. 95 52 Sale under writ of fieri facias or decree of Supreme Court etc. 95 Division 4-Acquisition by statute, order of Court etc. 97 53 Acquiring authority 97
54 Issue of certificates of title in respect of lands vested in
acquiring authority 98
55 Registrar to make necessary cancellations entries etc. 99
56 Acquiring authority to be responsible to persons injured by
issue of certificate etc. 100
57 Notice to be given to Registrar of intention to acquire land
compulsorily 100
58 Registrar to give effect to order vesting trust estate 101
59 Registration of dispositions effected by operation of
statute etc. 102 Division 5-Acquisition by possession 102 60 Application for order by person claiming title by possession 102
61 Caveat 103
62 Power to make vesting order 104 Division 6-Repealed 105 63-65 Repealed 105 Division 7-Leases 105 66 Leases 105
67 Covenants to be implied in leases 105
67A Variation of registered leases 107
68 Foreclosure or surrender of mortgaged lease where lessee is bankrupt
107
69 Surrender of lease 108
70 Recovery of possession by lessors and determination of
leases to be entered in Register 109
71 Sub-leases 110 Division 8-Easements 110 72 Notification of easements in Register 110
73 Removal of easement etc. 112
73A Abandonment of easement of right of way 113 Division 9-Mortgages and annuities 114 74 Creation and nature of mortgages and charges 114
75 Covenants to be implied in every mortgage 114
75A Variation of registered mortgage 115
75B Variation of priority of mortgages and charges 115
76 Procedure in case of default in payment of moneys secured 116
77 Power of sale under a mortgage or charge 116
78 Power to mortgagee or annuitant to enter into possession
or bring ejectment 119
79 Foreclosure 119
80 Repealed 121
81 Other rights etc. of first mortgagee 121
82 Application of moneys obtained from actions by the
mortgagor 122
83 Application of moneys obtained in proceedings by a
mortgagee 123
84 Discharge of mortgages and annuities 123
85 Mortgage money payable to Treasurer if mortgagee
absent from Victoria and mortgage discharged 125
86 First mortgagee to produce title for registration of
subsequent instrument 126
87 Puisne mortgagee may tender payment 126 Division 10-Restrictive covenants, charges etc. 127 88 Notification of restrictive covenants 127 Part V-Incidental Provisions 129 Division 1-Caveats against dealings 129 89 Caveats temporarily forbidding dealings with lands 129
89A Removal of caveat on application to Registrar 130
90 Except in certain cases caveat to lapse after thirty days notice
given to caveator 132
91 No entry to be made in Register affecting land in respect of which
caveat in force 134 Division 1A-Recorded common provisions 136 91A Recording of common provisions 136
91B Incorporation of common provisions 136 Division 2-Search certificates and stay orders 137 92 Search certificate 137
93 Stay of registration 137 Division 3-Powers of attorney 138 94 Powers of attorney and revocation thereof 138 Division 4-Surveys and subdivisions 139 95 Requirements as to surveys 139
96 Abuttals used in description of land in certificate 139
97 Requirements as to plans of subdivision etc. 140
97A Application for approval of plan of consolidation 142
97B Repealed 143
98 Easements arising from plan of subdivision 143
98A As to relationship between title to stratum estate and shares
in service company etc. 144
98B Restriction on amendment of memorandum articles or rules affecting
shares in service company 145
98C Registration of service agreement 146
98CA Conversion of building subdivisions 147
98CB Procedure if R