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FOREST PROPERTY ACT 2000 - SECT 7

FOREST PROPERTY ACT 2000 - SECT 7

7—Registration of forest property agreement

        (1)         A forest property agreement may be registered.

        (2)         If a forest property agreement is unregistered, the interest of the transferee is an equitable interest and therefore liable to be defeated by a purchaser who acquires an interest in the subject matter of the agreement in good faith, for value and without notice of the agreement.

        (3)         The interest of the transferee under a registered forest property agreement has priority over—

            (a)         the interests of the holders of encumbrances over the land—

                  (i)         who consented to the registration of the agreement; or

                  (ii)         whose consent was dispensed with; and

            (b)         in the case of a forest property (carbon rights) agreement—the interests of the holders of mortgages or charges over the vegetation—

                  (i)         who consented to the registration of the agreement; or

                  (ii)         whose consent was dispensed with; and

            (c)         the interests of the holders of encumbrances over the land registered after the registration of the forest property agreement and the interests of holders of mortgages or charges over the vegetation registered after the registration of the forest property agreement; and

            (d)         the interests of all persons with unregistered interests in the land (including interests under unregistered forest property agreements).

        (4)         In the case of a forest property agreement that has taken the form of an instrument of trust, the agreement, and any dealing or transaction in relation to the agreement under the provisions of this Act, may be registered under the Real Property Act 1886 despite section 162 of that Act and, if or when registration occurs in the manner contemplated by this Act, the agreement, and any relevant dealing or transaction, will have effect in accordance with the provisions of this Act and despite any other Act or law to the contrary.