REAL PROPERTY ACT 1900 - SECT 74T
Lodgment of priority notices
REAL PROPERTY ACT 1900 - SECT 74T
Lodgment of priority notices
74T Lodgment of priority notices
(1) A person who intends to lodge a dealing
to give effect to an entitlement to a legal or equitable estate or interest in
land claimed by the person may lodge a priority notice with the
Registrar-General with respect to the proposed dealing and any associated
dealings (for example, a mortgage created over land that has been sold).
(2)
A priority notice must be in the approved form and lodged in the manner
approved by the Registrar-General.
(3) A person who has lodged a priority
notice with respect to a proposed dealing cannot lodge another priority notice
with respect to the same dealing unless all previous notices with respect to
that dealing are withdrawn or have otherwise ceased to have effect.
Note :
Previous priority notices may be withdrawn for the purposes of this subsection
at the same time that the new priority notice is lodged.
(4) If a priority
notice is in the approved form, the Registrar-General may accept lodgment of
the priority notice as sufficient evidence that the person who lodged the
priority notice, or who had the priority notice lodged on the person's behalf,
is entitled to lodge the priority notice.
(5) Without limiting subsection
(4), the Registrar-General may require a person who lodges a priority notice
to provide, within a reasonable period specified by the Registrar-General,
such evidence as the Registrar-General may require relating to the person's
entitlement to lodge the notice or the intended timing for the lodgment of a
dealing to which the notice relates.
Note : The Registrar-General may remove a
recording of a priority notice under section 74X (2) if evidence that is
required under this subsection is not provided.
(6) The Registrar-General is
not required to give any person notice of the lodgment or recording in the
Register of a priority notice.
