CONVEYANCING ACT 1919 - SECT 196
Presumptions relating to plans
CONVEYANCING ACT 1919 - SECT 196
Presumptions relating to plans
196 Presumptions relating to plans
(1) The Registrar-General is entitled to assume that a person who lodges a
plan under this Division has authority from all persons having an interest in
the land comprised in the plan--
(a) to lodge the plan with the
Registrar-General,
(b) to withdraw the plan from registration or recording
temporarily or permanently, to lodge a replacement plan or to give any receipt
for the plan, and
(c) to attend to all other matters which may arise in
connection with the registration or recording of the plan.
(2) Where--
(a) a
plan lodged or a consent given under this Division, or
(b) an approved form
for signatures authorising or consenting to the registration or recording of a
plan under this Division,
purports to have been signed under a power of
attorney, or under any other power or authority (whether statutory or not),
the Registrar-General may assume that the plan, consent or form was so signed
and that there was sufficient power or authority for its being signed.
(3)
Where--
(a) a seal purporting to be the seal of a corporation, whether sole or
aggregate, purports to have been affixed to a plan lodged or a consent given
under this Division, or to an approved form for signatures relating to the
registration or recording of a plan under this Division, and
(b) the affixing
of the seal purports to have been attested by a person or persons holding
office in the corporation or by a person or persons authorised to attest the
affixing of the seal,
the Registrar-General may assume--
(c) that the seal and
attestation are genuine and were lawfully affixed to, or subscribed on, the
plan or consent, and
(d) that the person or persons purporting to have
attested the affixing of the seal had sufficient authority to attest the
affixing of the seal in the capacity in which the person or persons purported
to do so.
(4) If a plan is registered or recorded under this Division by the
Registrar-General, sufficient signatures and consents in writing are taken to
have been provided for the purposes of this Division.
(5) The
Registrar-General is entitled to assume--
(a) that a subdivision certificate
that purports to have been endorsed on any plan or approved form for
signatures for the purposes of this Division was duly issued and endorsed, and
(b) that any signature or other matter that purports to have been endorsed on
or provided in any plan or approved form for signatures for the purposes of
this Division was duly endorsed or provided, and
(c) that all conditions
precedent to the issue or endorsement of the certificate, or the endorsement
or provision of the signature or other matter, were duly complied with.
