Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 13

Deed registration conversion scheme

13. Deed registration conversion scheme



(1) An entitled person may lodge with the Registrar a deed, conveyance or
instrument affecting land together with a legal practitioner's certificate
relating to the title to the land.





(2) A person who lodges a legal practitioner's certificate with the Registrar
must also lodge with it-

   (a)  the deeds that relate to the title to the land and that are in the
        person's possession; and

   (b)  the deeds that relate to the title to the land and that the person may
        compel another person to produce except-

   (i)  deeds which are deposited with the Registrar-General under the
        Property Law Act 1958; and

   (ii) deeds which are retained by the Registrar under section 26T or any
        corresponding previous provision; and

   (c)  a search of title.

(3) The procedure in this section cannot be used to bring land under this Act
if the title to the land is claimed by possession.

(4) If in respect of land the provisions of subsections (1) and (2) are
complied with, and the deeds lodged show a good root of title which is at
least 30 years old, the Registrar may create-

   (a)  an ordinary folio; or

   (b)  a provisional folio on which there is recorded a warning in the form
        of Part III of the Fifth Schedule, a warning in the form of Part IV of
        the Fifth Schedule or both those warnings, as the Registrar considers
        appropriate.

(5) A person may withdraw from this conversion scheme at any time before the
creation of a folio of the Register.





(6) On a withdrawal by a person from a conversion scheme, the Registrar must
return to that person or the person appearing to be entitled to them the legal
practitioner's certificate and the documents lodged under subsection (2).