TRANSFER OF LAND ACT 1958 - SECT 106 Powers of Registrar
TRANSFER OF LAND ACT 1958 - SECT 106
Powers of Registrar(1) The Registrar—
S. 106(1)(a) amended by Nos 9075 s. 5(2), 18/1989 s. 12(Sch. 1 item 165(a)), substituted by No. 80/2009 s. 59(1)(a).
(a) may record a caveat on behalf of the Crown, a minor or a person of unsound mind—
(i) to prohibit any transfer or dealing with any land registered in the name of that person; or
(ii) to prohibit dealing with any land in any case in which it appears that an error has been made by misdescription of that land or otherwise in any folio or folios of the Register; or
(iii) for the prevention of any fraud or improper dealing;
S. 106(1)(b) repealed by No. 7244 s. 3, new s. 106(b) inserted by No. 53/1988 s. 45(Sch. 2 item 111) (as amended by No. 47/1989 s. 19(zi)).
(b) may, in respect of any instrument, dealing or plan lodged with the Registrar under any Act, require the consent of the council of the municipality in the municipal district of which the land is situated before registering the instrument dealing or plan;
S. 106(1)(c) amended by No. 18/1989 s. 12(Sch. 1 item 165(b)(i)(ii)).
(c) if it is proved to his satisfaction that any encumbrance recorded in the Register has been fully satisfied extinguished or otherwise determined and no longer affects the land, may make a recording to that effect in the Register;
S. 106(1)(d) amended by No. 80/2009 s. 59(1)(b).
(d) whenever any question arises with regard to the performance of any duty or the exercise of any of the functions conferred or imposed on him by this Act, may state a case for the opinion of a court whose judgment shall be binding upon and given effect to by the Registrar;
S. 106(1)(e) substituted by No. 9324 s. 12, amended by No. 80/2009 s. 59(1)(c).
(e) may—
S. 106(1)(e)(i) substituted by No. 18/1989 s. 12(Sch. 1 item 165(c)).
(i) delete a folio from the Register; or
S. 106(1)(e)(ii) substituted by No. 18/1989 s. 12(Sch. 1 item 165(c)).
(ii) create a new folio of the Register; or
S. 106(1)(e)(iii) substituted by No. 18/1989 s. 12(Sch. 1 item 165(c)).
(iii) make any amendment of the Register or of any other instrument or document—
wherever it is necessary to do so by reason of the operation of this or any other Act;
S. 106(1)(f) inserted by No. 80/2009 s. 59(1)(d).
(f) may take any other step necessary to protect the operation, effectiveness and integrity of the Register, including, but not limited to, the making of a notation on a folio of the Register.
S. 106(2) inserted by No. 80/2009 s. 59(2).
(2) The Registrar must not record in the Register a dealing with a folio on which a caveat has been recorded under subsection (1)(a) unless the Registrar is satisfied that the dealing is compatible with the purpose for which the caveat was recorded.
S. 106(3) inserted by No. 80/2009 s. 59(2).
(3) The Registrar may remove a caveat recorded under subsection (1)(a) if the Registrar is satisfied that the caveat is no longer required for the purpose for which it was recorded.
S. 106A inserted by No. 70/2014 s. 24.