New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 28EA

28EA Ordinary folio may be created in certain cases

(1) The Registrar-General may, instead of creating a qualified folio of the Register for land under section 28C, 28D or 28E, create an ordinary folio of the Register for the land if the Registrar-General is satisfied that, were the Registrar-General to create a qualified folio of the Register for the land, the only subsisting interests affecting the land would be one or more of the following:

(a) the interest of a mortgagor under a mortgage in respect of which the Registrar-General would be required by section 12B (2) to record the Registrar-General’s caveat,

(b) an interest that the Registrar-General would protect by recording the Registrar-General’s caveat under section 12 (1) (e) or (f),

(c) an interest that the Registrar-General would record in the qualified folio of the Register,

(d) an interest that, without any action by the Registrar-General referred to in paragraph (a), (b) or (c), would be preserved by section 42.

(2) The Registrar-General may create an ordinary folio of the Register under this section only for land the boundaries of which, in the opinion of the Registrar-General, are adequately defined without further survey definition.