TRANSFER OF LAND ACT 1958

Victorian Consolidated Legislation

[Index] [Search] [Notes] [Noteup] [Download] [Help]

TRANSFER OF LAND ACT 1958

No. 6399 of 1958
Version incorporating amendments as at 23 October 2008

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repeals and savings
3. Application of other laws etc.
4. Definitions

PART I-THE OFFICE OF TITLES

5. Registrar of Titles
6. Certain signatures to be judicially noticed
7. Annual report to include details of changes to form of
Register

PART II-BRINGING LAND UNDER THE ACT

Division 1-General

8. Land granted by Crown to be subject to this Act
9. Duty of Registrar
10. Who may bring land under this Act?
11. Leased land may be brought under the Act

Division 2-On legal practitioner's certificate

12. Choice of conversion schemes
13. Deed registration conversion scheme
14. Application (non-survey) conversion scheme
15. Application (survey) conversion scheme
16. Legal practitioner's certificate
17. Act to apply to conversion scheme land
18. Power of Registrar to create folio for conversion scheme
land and require assurance contribution
19. In whose name title to issue
20. Removal of warning relating to subsisting interests
21. Removal of warnings relating to title

Division 3-Without legal practitioner's certificate

22. Lodgment of specified dealing
23. Application for creation of provisional folio
24. Creation of provisional folio
25. Warning as to subsisting interests
26. Warning as to title dimensions
26A. In whose name provisional folio created
26B. Lodgment of competing interest
26C. Removal of warning as to subsisting interests-general
26D. Removal of warning as to subsisting interests-possessory interests
26E. Creation of identified folio
26F. Recording of interests on identified folio
26G. Effect of recording of interest on identified folio
26H. Interests in identified folio subject to subsisting interests
26I. Priority of interests

Division 4-General provisions applying to conversion under
this Part

26J. Search of title
26K. Warnings on provisional folios
26L. Land in a provisional folio cannot be subdivided or
consolidated
26M. Mortgages
26N. Notice of creation of ordinary folio or provisional folio for
land in identified folio
26O. Notice of creation of folio under Division 2 for land in provisional folio created under Division 3.
26P. Removal of warning relating to title dimensions
26Q. Notice of creation of folio or removal of warning
26R. Caveats
26S. Registrar's discretions
26T. Documents lodged in support of application
26U. Notice of creation of folio
26V. Recording of instruments affecting land
26W. Requirement to Registrar to bring land under this Act

PART III-THE REGISTER

27. Register of land
27A. Recordings in the Register
27AB. Verification of identity
27B. Certificates of title
27BA. Power not to destroy certain certificates of title
27C. Record of dealings
27D. Evidence
27E. Submission of documents to facilitate registration
27F. Construction of references
27G. Record of plans
28. Creation of folio of the Register and certificate of title
29. Registration of grants and certificates
30. Minors etc.
31. Lost grant or certificate etc.
32. Issue of new certificate of title
33. Instruments when registered
34. Instruments entitled to priority according to date of lodgment
for registration
34A. Dealings may be registered together
35. Instruments in duplicate and triplicate
36. Repealed
37. Entry of trusts in Register
38. Grants and certificates endorsed "no survivorship"
39. Dealings registered prior to issue of Crown grant
Effect of registration
40. Instruments not effectual until registered
41. Certificate to be conclusive evidence of title
42. Estate of registered proprietor paramount
43. Persons dealing with registered proprietor not affected by
notice
44. Certificate etc. void for fraud

PART IIIA-ELECTRONIC INSTRUMENTS

44A. Restriction on lodgement of electronic instruments
44B. Registrar may provide electronic lodgement network
44C. Agents for lodging electronic instruments must be eligible persons
44D. Powers of Registrar
44E. Duty of Registrar in relation to priority of electronic
instruments
44F. Notification of registration
44G. Evidence of registration of electronic instrument
44H. Electronic lodgement network malfunction
44I. Destruction of certificate of title
44J. Registrar may require production of documents
44K. Registrar may specify matters to be certified
44L. Evidence of electronic instruments
44M. Electronic certification of electronic instrument
44N. Registrar may deal exclusively with responsible party

PART IV-REGISTRATION OF DEALINGS WITH LAND

Division 1-Transfers

45. Form of transfer
46. Transfer to include right to sue
47. Power to Registrar to make a vesting order in cases of
completed purchase
48. Adoption by reference of "Table A" conditions of sale in
Seventh Schedule

Division 2-Transmissions

49. Registration of personal representatives
50. Registration of survivor of joint proprietors of fee simple
lease mortgage etc.
51. Registration of trustee of bankrupt

Division 3-Sales by sheriff etc.

52. Sale under writ of fieri facias or decree of Supreme Court etc.

Division 4-Acquisition by statute, order of Court etc.

53. Acquiring authority
54. Issue of certificates of title in respect of lands vested in
acquiring authority
55. Registrar to make necessary cancellations entries etc.
56. Acquiring authority to be responsible to persons injured by
issue of certificate etc.
57. Notice to be given to Registrar of intention to acquire land compulsorily
58. Registrar to give effect to order vesting trust estate
59. Registration of dispositions effected by operation of statute
etc.

Division 5-Acquisition by possession

60. Application for order by person claiming title by possession
61. Caveat
62. Power to make vesting order

Division 6-Repealed

63-65. Repealed

Division 7-Leases

66. Leases
67. Covenants to be implied in leases
67A. Variation of registered leases
68. Foreclosure or surrender of mortgaged lease where lessee is bankrupt
69. Surrender of lease
70. Recovery of possession by lessors and determination of
leases to be entered in Register
71. Sub-leases

Division 8-Easements

72. Notification of easements in Register
73. Removal of easement etc.
73A. Abandonment of easement of right of way

Division 9-Mortgages and annuities

74. Creation and nature of mortgages and charges
75. Covenants to be implied in every mortgage
75A. Variation of registered mortgage
75B. Variation of priority of mortgages and charges
76. Procedure in case of default in payment of moneys secured
77. Power of sale under a mortgage or charge
78. Power to mortgagee or annuitant to enter into possession
or bring ejectment
79. Foreclosure
80. Repealed
81. Other rights etc. of first mortgagee
82. Application of moneys obtained from actions by the
mortgagor
83. Application of moneys obtained in proceedings by a
mortgagee
84. Discharge of mortgages and annuities
85. Mortgage money payable to Treasurer if mortgagee
absent from Victoria and mortgage discharged
86. First mortgagee to produce title for registration of
subsequent instrument
87. Puisne mortgagee may tender payment

Division 10-Restrictive covenants, charges etc.

88. Notification of restrictive covenants

PART V-INCIDENTAL PROVISIONS

Division 1-Caveats against dealings

89. Caveats temporarily forbidding dealings with lands
89A. Removal of caveat on application to Registrar
90. Except in certain cases caveat to lapse after thirty days
notice given to caveator
91. No entry to be made in Register affecting land in respect
of which caveat in force

Division 1A-Recorded common provisions

91A. Recording of common provisions
91B. Incorporation of common provisions

Division 2-Search certificates and stay orders

92. Search certificate
93. Stay of registration

Division 3-Powers of attorney

94. Powers of attorney and revocation thereof

Division 4-Surveys and subdivisions

95. Requirements as to surveys
96. Abuttals used in description of land in certificate
97. Requirements as to plans of subdivision etc.
97A. Application for approval of plan of consolidation
97B. Repealed
98. Easements arising from plan of subdivision
98A. As to relationship between title to stratum estate and shares
in service company etc.
98B. Restriction on amendment of memorandum articles or rules affecting shares in service company
98C. Registration of service agreement
98CA. Conversion of building subdivisions
98CB. Procedure if Registrar is satisfied that plan is suitable
for registration
98CC. Cancellation of plan of building subdivision and
registration of the plan of subdivision
98CD. Effect of registration of plan of subdivision
98CE. Power of courts to consent or dispense
98CF. Special provisions

Division 4A-Share interests

98D. Issue of certificates of title for share interests

Division 5-Amendment of the Register etc.

99. Application by proprietor for amendment of Register
100. Caveats
101. Grant of application
102. Adjustment of discrepancies in boundaries
103. General provision as to correction of errors etc.

Division 6-General powers of Registrar

104. Registrar to require production of documents as evidence etc.
105. Registrar to refuse registration if documents or evidence not supplied
106. Powers of Registrar

PART VI-GENERAL

Division 1-Financial

107. Application of fees and penalties
108. Fees to be paid under Act
109. Application of Consolidated Fund
110. Entitlement to indemnity
111. Application to Registrar for indemnity without bringing
action

Division 2-Miscellaneous

112. Implied covenants and powers
113. Service of notices
114. Inspection of Register
114A. Destruction of unwanted documents
115. Receipt for and return of lodged documents
116. Summoning Registrar to show cause
116A. Application to Court for order requiring production of document
117. Officers not to be liable for acts done bona fide
118. Compensation for lodging caveat without reasonable cause
119. Offences and penalties
120. Regulations
121. Approved forms
122. Information required by other authorities

PART VII-TRANSITIONAL

123. Mortgages under general law deemed to be mortgages under
this Act
124. Limited folios and qualified folios
125. Search of title
126. Reconstruction of references to Registrar-General
127. Duplicate Crown grants for Crown leases
128. Contracts entered into before amendment of Seventh Schedule
__________________
SCHEDULE 1.
2-4-Repealed
SCHEDULE 5.
SCHEDULE 5A.
SCHEDULE 6-Repealed
SCHEDULE 7.
8-11-Repealed
SCHEDULE 12-Right of Carriage-way
13, 14-Repealed
SCHEDULE 15-Covenant in Mortgage to Insure
15A-16-Repealed
SCHEDULE 17-Application for Search Certificate
SCHEDULE 18-Order for Stay of Registration
19, 20-Repealed
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

[Index] [Search] [Notes] [Noteup] [Download] [Help]