New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 28T

28T Creation of limited folio

(1A) Where the boundaries of land to which Part 3 applies are not sufficiently defined to enable the Registrar-General to create an ordinary folio of the Register under that Part, the Registrar-General may, subject to subsection (4), create a folio of the Register:

(a) in the case of land to which section 13A or 13B applies, being a folio for the estate or interest in any of that land of the person for whose estate or interest the Registrar-General could otherwise have created an ordinary folio of the Register under that section,

(b) in the case of land to which section 13D (1) applies, being a folio in which “The State of New South Wales” is recorded as the proprietor of that land, or

(c) in the case of a lease described in section 13D (3) of land to which section 13D (1) applies, being a folio in the name of the person who, in the Registrar-General’s opinion, is entitled to be registered proprietor of the lease.

(1) Where the boundaries of land described in a registered deed are not sufficiently defined to enable the Registrar-General to create a qualified folio of the Register under section 28C or 28D, the Registrar-General may, subject to subsection (4):

(a) create a qualified folio of the Register for the estate or interest in any of that land of the person for whose estate or interest in the land the Registrar-General could have created a qualified folio of the Register under section 28C or 28D, as the case may be, if no further survey definition had been necessary adequately to define the boundaries of the land, and

(b) for the purpose of creating a folio of the Register for that land under paragraph (a), retain any relevant deed in the Registrar-General’s custody.

(2) Where the boundaries of land are not sufficiently defined to enable the Registrar-General to cause a notice to be given under section 28E (1), the Registrar-General may cause such a notice to be given and, subject to subsection (4), may create a qualified folio of the Register for the estate or interest in any of that land of the person for whose estate or interest in the land the Registrar-General could have created a qualified folio of the Register under section 28E, if no further survey definition had been necessary adequately to define the boundaries of the land.

(3) Where the boundaries of land are not sufficiently defined to enable the Registrar-General to create an ordinary folio of the Register under section 28EA, the Registrar-General may, subject to subsection (4), create a folio of the Register for the estate or interest in any of that land of the person for whose estate or interest in the land the Registrar-General could have created an ordinary folio of the Register under section 28EA, if no further survey definition had been necessary adequately to define the boundaries of the land.

(4) When creating a folio of the Register under subsection (1A), (1), (2) or (3), the Registrar-General shall make in that folio a recording to the effect that the description of the land comprised therein has not been investigated by the Registrar-General and may therein or in any plan deposited in the Registrar-General’s office illustrating the land so comprised record such other particulars as the Registrar-General considers appropriate.

(5) Part 3 (sections 13A, 13B, 13D (1) and (3) and 13N excepted) applies to and in respect of a folio of the Register created under subsection (1A) (whether or not it ceases to be a limited folio of the Register) in the same way as it applies to and in respect of a folio of the Register created under Part 3.

(6) The provisions of section 28GA apply to and in respect of a folio of the Register created under subsection (3) as if the reference in section 28GA to an ordinary folio of the Register created under section 28EA were a reference to a folio of the Register created under subsection (3).

(7) Part 4A (sections 28B, 28C, 28D, 28E, 28EA and 28QA excepted) applies to and in respect of a qualified folio of the Register created under subsection (1) or (2) (whether or not it ceases to be a limited folio of the Register) in the same way as it applies to and in respect of a qualified folio of the Register created under Part 4A.

(8) Except as otherwise provided by any other provision of this Part:

(a) land comprised in a limited folio of the Register is subject to the provisions of this Act,

(b) the provisions of this Act relating to ordinary folios of the Register, land comprised in ordinary folios of the Register and the registration of dealings affecting land comprised in ordinary folios of the Register shall apply to limited folios of the Register, land comprised in limited folios of the Register and the registration of dealings affecting land comprised in limited folios of the Register,

(c) a reference in this and in any other Act (other than the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 ) to a folio of the Register includes a reference to a limited folio of the Register, and

(d) a limited folio of the Register shall be evidence as to title in all respects as if it were an ordinary folio of the Register, except that:

(i) the certification of title is not conclusive as regards the definition of the boundaries of the land comprised therein, and

(ii) where the folio of the Register is also a qualified folio of the Register, the operation of section 28P (1) (d), as applied by subsection (7), is not affected.