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REAL PROPERTY ACT 1900 - SECT 32
Folios of the Register
32 Folios of the Register
(1) The Registrar-General creates a folio of the Register for land by making a
record of: (a) a description of the land and of the estate or interest therein
for which it is created,
(b) a description of the proprietor for the time
being of the estate or interest and particulars of the date of birth of any
such proprietor the Registrar-General knows to be a minor, and
(c) such
particulars, as the Registrar-General thinks fit, of: (i) other estates or
interests, if any, affecting the land, and
(ii) other information, if any,
that relates to the land or any estate or interest therein and is included in
that record pursuant to this or any other Act (including an Act of the
Parliament of the Commonwealth) or an instrument made under any such Act,
and
by allocating a distinctive reference to the record so made.
(2) Subsection
(1) does not apply in respect of a folio of the Register constituted under
section 22 or 23 of the Strata Schemes (Freehold Development) Act 1973 or
section 25 or 27 of the Strata Schemes (Leasehold Development) Act 1986 .
(2A) Subsection (1) (c) applies, in the case of a qualified folio of the
Register, subject to the provisions of section 28I.
(3) Where a person is
registered as proprietor of a lease registered under this Act, the
Registrar-General may: (a) if the Registrar-General thinks fit so to do,
create a folio or folios of the Register for the estate or interest of that
person in some or all of the land leased, and
(b) for that purpose, require
the deposit in the office of the Registrar-General of a plan of the land
(together with copies) which shall, if the Registrar-General so requires, be a
plan of survey.
(4) The Registrar-General may, if the Registrar-General
thinks fit so to do, create a new folio or new folios of the Register for the
whole or any part of the land comprised in one or more of the folios of the
Register.
(5) Where, under this Act, the Registrar-General creates a new
folio of the Register for land contained in a previously created folio of the
Register, the Registrar-General shall appropriately cancel the previously
created folio and may, for the purposes of this subsection, require the
production to the Registrar-General of any certificate of title.
(6) The
Registrar-General shall have, and shall be deemed always to have had, power to
cancel in such manner as the Registrar-General considers proper any recording
in the Register that the Registrar-General is satisfied does not affect the
land to which the recording purports to relate.
(7) The Registrar-General
shall maintain a record of all dealings recorded in, or action taken in
respect of, a computer folio and such other information, if any, relating to
the folio as the Registrar-General thinks fit.
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