LAND TITLES ACT 1925 - SECT 58 Estate of registered proprietor paramount

LAND TITLES ACT 1925 - SECT 58

    (1)     Notwithstanding the existence in any other person of any interest, whether derived by grant from the Crown or otherwise, which but for this Act might be held to be paramount or to have priority, a person becoming registered as proprietor of land or of any interest in land under this Act shall, except in case of fraud, hold the land or interest, subject to such interests as are notified on the folio of the register for the land, but absolutely free from all other interests whatsoever except as to—

        (a)     the interest of a proprietor claiming the same land under a prior entry in the register; and

        (b)     any right of way or other easement created in or existing upon the same land which is not described, or is misdescribed in the register; and

        (c)     any portion of land that may by wrong description of parcels or of boundaries be included in the register as land or an interest held by the registered proprietor, not being a purchaser or mortgagee thereof for value, or deriving from or through a purchaser or mortgagee thereof for value; and

        (d)     any prior tenancy for a term not exceeding 3 years; and

        (e)     any leases, licences or other authorities granted by the Territory and in respect of which no provision for registration is made; and

        (f)     any unpaid duty, rates, taxes or other moneys which are expressly declared by any Act or law to be a charge upon land.

    (2)     The land which is included in the register is taken to be subject to the reservations, exceptions, conditions and powers (if any) contained in the grant thereof.