New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 14

14 Application to bring land under the Act

Note: See Conveyancing Act 1919 , sec 136 (3).

(1) Land not subject to the provisions of this Act may be brought under its provisions.

(2) Subject to this section, a primary application may be made by:

(a) a person claiming to be the person in whom is vested an estate in fee simple either at law or in equity in the land to which the application relates,

(b) a person claiming, in the land to which the application relates, an estate in possession, or in reversion, or in remainder, or a leasehold for a life or for lives or a leasehold having a term of not less than twenty-five years current at the time of making the application, or

(c) a person having the power to appoint an estate or interest referred to in paragraph (a) or (b) in the land to which the application relates, if the person obtains the consent of any other person whose consent to the exercise of the power is required and directs that the object of the power be named as proprietor in the folio of the Register to be created for that land.

(3) A primary application may not be made:

(a) by a person who has contracted to purchase the land to which the application relates, unless:

(i) the vendor consents in writing to the application, or

(ii) the whole of the purchase money has been paid to the vendor or the vendor’s authorised agent,

(b) by a person claiming to be entitled to a share of or interest in the land to which the application relates, unless the person entitled to the other share or shares or to any other interest or interests joins in the application for the purpose of bringing the entirety thereof under the provisions of this Act,

(c) by a mortgagor of the land to which the application relates, unless the mortgagee joins in or consents to the application,

(d) by a mortgagee of the land to which the application relates, unless:

(i) the mortgagor joins in or consents to the application, or

(ii) the Registrar-General is satisfied that the mortgagor is in default under the terms of the mortgage,

(d1) where the land to which the application relates is subject to a covenant charge, unless the covenant chargee consents to the application, or

(e) by an execution debtor named in a writ that has been registered in the Register of Causes, Writs and Orders affecting land, unless the execution creditor consents to the application.

(4) A primary application shall be in the approved form and shall be accompanied by such evidence and documents of title as the Registrar-General may require.

(5) Subject to subsection (7), an easement or profit à prendre expressly created as appurtenant to land the subject of a primary application or to land under the provisions of this Act may be the subject of, or may be included in, a primary application.

(6) Where an easement or profit à prendre is, pursuant to a primary application, brought under the provisions of this Act, the Registrar-General shall make any necessary recordings in the Register and may make any such recordings upon any relevant certificate of title when it becomes available to the Registrar-General.

(7) No folio of the Register shall be created for an easement or profit à prendre alone.

(8) In this section, "land not subject to the provisions of this Act" shall be deemed to include land comprised in a qualified folio of the Register, and an application for the creation of an ordinary folio of the Register in respect of any such land may be made:

(a) by the registered proprietor of the land,

(b) by any other person referred to in subsection (2), or

(c) where a mortgage or charge is recorded in the qualified folio of the Register, by the mortgagee or chargee thereunder.

(9) An application under subsection (8) may be made and dealt with in accordance with the provisions of this Part subject to such modifications as to the Registrar-General may seem appropriate.

(10) Without prejudice to the operation of subsection (9), an application made under subsection (8) in respect of land comprised in a qualified folio of the Register shall, where that folio is a limited folio, be accompanied by:

(a) a plan of survey complying with the regulations and adequately defining the boundaries of the land, and

(b) such evidence as the Registrar-General may require relating to any adverse possession of the whole or any part of the land.

(11) The Registrar-General may, pursuant to an application under subsection (8):

(a) cancel the qualified folio of the Register for the land and create an ordinary folio of the Register for the land, or

(b) cancel the caution recorded under section 28J (1) in the qualified folio and any recording made therein under section 28T (4).