Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Except as may be otherwise prescribed under subsection (4), a person who on or after the appointed day lodges for registration under the Registration of Deeds Act 1935 –
shall leave with the Registrar of Deeds, in addition to the documents required by section 12 of that Act –(a) a conveyance on sale; or
(b) a legal mortgage by conveyance of the fee simple –
(c) a statement in an approved form signed by the purchaser or mortgagor or by the legal practitioner acting for and on behalf of the purchaser or mortgagor and addressed to the Recorder, which shall state the facts of the ownership of the land and such further information as may be required by the form; and
(d) all instruments in his possession or under his control constituting or in any way affecting the title to the land except any instruments which a purchaser of the land to which the statement relates would not be entitled to require pursuant to section 35 of the Conveyancing and Law of Property Act 1884, and also, if required, an abstract of that title.
(1A) A person who lodges for registration under the Registration of Deeds Act 1935 a forestry right shall leave with the Registrar of Deeds, in addition to the documents required by section 12 of that Act –
(a) a statement in a form approved by the Recorder signed by the owner of the land over which the forestry right is granted or by the legal practitioner acting for and on behalf of that owner and addressed to the Recorder, which shall state the facts of the ownership of the land and such further information as may be required by the form; and
(b) all instruments in his possession or under his control constituting or in any way affecting the title to the land except any instruments which a purchaser of the land to which the statement relates would not be entitled to require pursuant to section 35 of the Conveyancing and Law of Property Act 1884, and also, if required, an abstract of that title.
(2) The Registrar of Deeds may refuse to register a conveyance on sale, a legal mortgage by conveyance of the fee simple or a forestry right unless it is accompanied by a statement and other instruments as required by subsection (1) or (1A).
(3) On registering under the Registration of Deeds Act 1935 a conveyance, mortgage or forestry right to which subsection (1) or (1A) applies the Registrar of Deeds shall give it, and the statement and instruments referred to in subsection (1) or (1A), to the Recorder, who may then, if he thinks fit –
(a) bring the land comprised in the conveyance, mortgage or forestry right under this Act by creating a folio of the Register for that land; and
(b) for the purposes of so bringing the land under this Act, retain the conveyance, mortgage or forestry right and other instruments in his custody.
(4) This section does not apply in such cases of a conveyance on sale or a legal mortgage by conveyance of the fee simple as may be prescribed and those cases may be prescribed with reference to all or any of the following matters:
(a) the value or amount of the consideration or sum secured;
(b) the situation of the land.