Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 23

Application for creation of provisional folio

23. Application for creation of provisional folio



(1) An entitled person may apply under this section to the Registrar to have
land brought under this Act by the creation of a provisional folio.

(2) An application cannot be made under this section if the entitled person
could lodge a specified dealing in respect of the land under section 22.

(3) An application must be in the prescribed form.

(4) Except as provided in subsection (5), the applicant must lodge with the
application-

   (a)  if there has been a dealing in the land by the applicant the deed,
        instrument or document that comprises the dealing; and

   (b)  if the person's entitlement to deal with the land arises from a
        conveyance or mortgage, the last deed or other instrument which
        indicates that person's entitlement to deal with the land; and

   (c)  if the person's entitlement to deal with the land arises from an
        assignment of possessory interests, evidence to the satisfaction of
        the Registrar of the person's entitlement to deal with the land; and

   (d)  a search of title relating to the land.

(5) If the application relates to the vesting in fee simple of land in any
person or body by order of a court or by or under an Act, the applicant must
lodge with the application such information as the Registrar reasonably
requires for the creation of the folio.

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

(7) On the withdrawal of the application, the Registrar must return to that
person or to the person appearing to be entitled to them the documents lodged
under subsection (2).