REAL PROPERTY ACT 1900 - SECT 42
Estate of registered proprietor paramount
REAL PROPERTY ACT 1900 - SECT 42
Estate of registered proprietor paramount
42 Estate of registered proprietor paramount
(1) Notwithstanding the existence in any other person of any estate or
interest which but for this Act might be held to be paramount or to have
priority, the registered proprietor for the time being of any estate or
interest in land recorded in a folio of the Register shall, except in case of
fraud, hold the same, subject to such other estates and interests and such
entries, if any, as are recorded in that folio, but absolutely free from all
other estates and interests that are not so recorded except--
(a) the estate
or interest recorded in a prior folio of the Register by reason of which
another proprietor claims the same land,
(a1) in the case of the omission or
misdescription of an easement subsisting immediately before the land was
brought under the provisions of this Act or validly created at or after that
time under this or any other Act or a Commonwealth Act,
(b) in the case of
the omission or misdescription of any profit à prendre created in or
existing upon any land,
(c) as to any portion of land that may by wrong
description of parcels or of boundaries be included in the folio of the
Register or registered dealing evidencing the title of such registered
proprietor, not being a purchaser or mortgagee thereof for value, or deriving
from or through a purchaser or mortgagee thereof for value, and
(d) a tenancy
whereunder the tenant is in possession or entitled to immediate possession,
and an agreement or option for the acquisition by such a tenant of a further
term to commence at the expiration of such a tenancy, of which in either case
the registered proprietor before he or she became registered as proprietor had
notice against which he or she was not protected--
Provided that--
(i) The term for which the tenancy was created does not exceed
three years, and
(ii) in the case of such an agreement or option, the
additional term for which it provides would not, when added to the original
term, exceed three years.
(2) In subsection (1), a reference to an estate or
interest in land recorded in a folio of the Register includes a reference to
an estate or interest recorded in a registered mortgage, charge or lease that
may be directly or indirectly identified from a distinctive reference in that
folio.
(3) This section prevails over any inconsistent provision of any other
Act or law unless the inconsistent provision expressly provides that it is to
have effect despite anything contained in this section.