Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26A

In whose name provisional folio created

26A. In whose name provisional folio created



(1) A provisional folio under this Division is to be created in the name of-

   (a)  the person who in accordance with the documents is entitled to be
        registered as proprietor of the fee of the land; or

   (b)  if the creation of the folio is based on the delivery of a document
        which is a conveyance of the land by way of mortgage, the person who
        in accordance with the documents lodged is entitled to be registered
        as proprietor of the equity of redemption; or

   (c)  if a person mentioned in paragraph (a) or (b) directs the folio to be
        created in the name of another person, that other person.



(2) If before a provisional folio of the Register is created under this
Division, the person who is to be recorded as registered proprietor on the
folio dies, the folio is to be created recording as registered proprietor the
dead person and the land is to pass as if the folio had been created before
the person died.