New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 46C

46C Registrar-General may register as proprietor person who is entitled to land by operation of statute

(1) Where, by the operation of a statute, either directly or by reason of anything done in pursuance thereof:

(a) land under the provisions of this Act became, before the commencement of the Real Property (Amendment) Act 1970 , or becomes, after that commencement, vested in a person (other than the registered proprietor of the land) either alone or jointly or in common with that registered proprietor, or

(b) land that is the site of a closed road or part thereof so became, or so becomes, vested in a person registered under this Act as the proprietor of adjoining land,

the Registrar-General may, of the Registrar-General’s own motion, and shall, at the written request (made in the approved form) of a person in whom there has been such a vesting on such evidence as appears to the Registrar-General sufficient, and after such notice (if any) to such person as the Registrar-General deems proper, register the person in whom any such land is vested as the proprietor of such estate therein as the Registrar-General deems to be appropriate, and for that purpose the Registrar-General may make such recordings in the Register and create such folios of the Register, as appears to the Registrar-General to be necessary or proper.

(3) If a certificate of title or duplicate registered dealing evidencing title to an estate or interest affected by a vesting registered pursuant to this section is in the possession of some person other than the person registered as proprietor under subsection (1) and the person so in possession fails to deliver it to the Registrar-General for cancellation when required in writing by the Registrar-General so to do, the certificate of title or duplicate registered dealing shall be deemed to be wrongfully retained within the meaning of section 136.

(4) The Registrar-General shall be deemed always to have been authorised:

(a) to make a recording before the commencement of the Real Property (Amendment) Act 1921 , and

(b) to issue a certificate of title before that commencement,

that the Registrar-General could have made or issued had this section and section 46B been in force at the time the recording was made, or the certificate of title issued, as the case may be.