Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 15

Application (survey) conversion scheme

15. Application (survey) conversion scheme



(1) An entitled person may apply under this section to the Registrar to have
the land brought under this Act.

(2) An application must be in the prescribed form and the applicant must lodge
with the application-

   (a)  a plan of survey of the land (with an abstract of field records)
        certified by a licensed surveyor or any other plan, diagram or
        document describing the land which satisfies the Registrar as to
        description; and

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







   (c)  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

   (d)  a search of title; and

   (e)  a legal practitioner's certificate relating to the title to the land;
        and

   (f)  if the applicant's title to the land is claimed by possession, the
        material on which the legal practitioner's certificate is based.

(3) The Registrar must cause notice of the proposed creation of the folio to
be given in accordance with section 26Q.

(4) If in respect of land the provisions of subsection (1) and of subsection
(2)(a), (b), (c), (d) and (e) and of sections 26Q and 26R 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) If in respect of a title to land claimed by possession, the provisions of
subsection (1) and subsection (2)(a), (d), (e) and (f) and of sections 26Q and
26R are complied with, 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.

(6) An applicant may withdraw an application at any time before the creation
of a folio of the Register.

(7) On the withdrawal of an application, the Registrar must return to the
applicant or to the person appearing to be entitled to them the documents
lodged in support of the application.