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REAL PROPERTY (QUALIFIED TITLES) AMENDMENT BILL
1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Real Property Act 1900 to enable the
Registrar-General to convert a qualified folio of the Torrens title Register to an
ordinary folio if satisfied (on the basis of an official title search and any other
evidence that the Registrar-General requests) that there are no subsisting interests
affecting the land concerned other than those recorded in the Register and those
preserved by the operation of section 42 of that Act.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on the date of assent.
Clause 3 is a formal provision that gives effect to the Schedule of amendments.
SCHEDULE 1 -- AMENDMENTS
Schedule 1 inserts a new provision into the Real Property Act 1900 that will
enable the Registrar-General to cancel a caution (relating to the possibility of
subsisting interests) recorded in a qualified folio of the Register in the circumstances
referred to above.
Cancellation of the caution operates to convert a qualified folio to an ordinary
(unqualified) folio and results in the registered proprietor of the land holding it free
from all subsisting interests other than those recorded in the Register and those
preserved by the operation of section 42 (Estate of registered proprietor paramount)
of the Act.
The Registrar-General currently has a similar power under section 28EA of the
Act to create an ordinary folio for land not already under the provisions of the Act.
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