Victorian Consolidated Legislation

Land Act 1958 - SECT 61

Encumbranced leases

61. Encumbranced leases





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(2) Where any lease under this Act is subject to a registered encumbrance and
the lessee obtains a Crown grant of such land (whether with or without any
addition thereto or adjustment thereof)-

   (a)  such encumbrance shall without further or other authority than this
        Act be transferred and apply to such Crown grant and to the land
        thereby granted in all respects as if such Crown grant had been
        referred to in such encumbrance; and

   (b)  the Registrar of Titles must make a recording of the encumbrance on
        the relevant folio of the Register.



(2A) In subsection (2), lease under this Act includes a purchase lease issued
under the Agricultural Colleges Act 1958.

			(3)    (a)	Where the lease of any land under any of the provisions of this Act is subject to a registered encumbrance and before the expiration of the term thereof a new lease of the same land (whether with or without any addition thereto or adjustment thereof) is granted to the lessee in substitution for such first-mentioned lease such encumbrance shall, if the Minister considers it equitable, be transferred and apply to such new lease and to the land thereby demised in all respects as if such new lease had been referred to in such encumbrance.


   (b)  Upon the grant of any new lease referred to in the last preceding
        paragraph the Minister shall forthwith furnish to the Registrar of
        Titles-

   (i)  a certificate signed by the Minister setting forth the registered
        encumbrances on the former lease which are to be transferred to the
        new lease; or

   (ii) where no encumbrances are to be transferred a notification in writing
        to that effect.

   (c)  The Registrar of Titles must, upon receipt of such certificate, make a
        recording of the encumbrance on the relevant folio of the Register.



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Division 6-Sale of land by auction or tender or to a public authority