Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26B

Lodgment of competing interest

26B. Lodgment of competing interest



(1) If a provisional folio has been created under this Division in respect of
land and a person other than the registered proprietor or a person claiming
through the registered proprietor purports to lodge a specified dealing in
respect of the land or any part of the land, the Registrar may refuse to
register the specified dealing unless the Court declares otherwise.

(2) The Registrar must give the person who purports to lodge the specified
dealing notice of the existence of the provisional folio for the land.

(3) The person given notice under subsection (2) may apply to the Court for a
declaration that the land described in the provisional folio is subject to the
specified dealing.

(4) The Registrar must give effect to a declaration of the Court under this
section.