Victorian Consolidated Legislation

TRANSFER OF LAND ACT 1958

No. 6399 of 1958
Version incorporating amendments as at 1 January 2010

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 128A. Transitional Provision-Statute Law Amendment
           (Evidence Consequential Provisions) Act 2009.
           __________________
           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
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details