Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 10

Who may bring land under this Act?

10. Who may bring land under this Act?



(1) Any of the following persons is entitled under this Part to have land
brought under this Act-

   (a)  the person claiming to be the owner of the fee simple either at law or
        in equity;

   (b)  persons who collectively claim to be the owners of the fee simple
        either at law or in equity;

   (c)  persons who have the power of appointing or disposing of the fee
        simple;

   (d)  trustees for the sale of the fee simple, but where any previous
        consent to their selling is requisite the proposal to bring land under
        this Act must first be consented to by the persons required to give
        that consent;

   (e)  the guardian of any minor or administrator of any represented person
        if the guardian or administrator directs that the minor or represented
        person is to be recorded as the registered proprietor on the relevant
        folio of the Register;





   (f)  a tenant for life within the meaning of the Settled Land Act 1958, if
        the tenant for life directs that the trustees of the settlement within
        the meaning of that Act are to be recorded as registered proprietor on
        the relevant folio of the Register and the trustees consent to the
        proposal to bring the land under this Act.

(2) Despite subsection (1)-

   (a)  a mortgagor is not entitled to apply under section 14, 15 or 23 to
        bring land under this Act unless the mortgagee consents to the
        application; and

   (b)  a mortgagee is not entitled to lodge a deed, conveyance or instrument
        under section 13 or 22 or apply under section 14, 15 or 23 to bring
        land under this Act unless-

   (i)  in the case of the exercise of a power of sale, there is a direction
        that the relevant folio of the Register is to be created in the
        purchaser's name; and

   (ii) in any other case, there is a direction that the relevant folio of the
        Register is to be created in the mortgagor's name.