Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26E

Creation of identified folio

26E. Creation of identified folio



(1) The Registrar may create an identified folio of the Register for land not
under the operation of this Act-

   (a)  if the Registrar is directed, required or permitted by or under an Act
        to make a recording in or amendment to the Register in respect of a
        dealing with or interest in that land (other than a specified dealing)
        and the Registrar does not consider it appropriate to create a
        provisional folio or ordinary folio under this Part for that land; or

   (b)  if a person lodges with the Registrar an instrument or document
        showing evidence of that person's interest in that land (other than an
        instrument or document showing evidence of a specified dealing in the
        land); or

   (c)  otherwise if sufficient information is available to the Registrar to
        properly identify the land.

(2) The Registrar must not create an identified folio unless the Registrar is
satisfied that sufficient information is available to the Registrar to
properly identify the land.

(3) This section does not apply to unalienated land of the Crown.

(4) In this section-

interest includes a judgment, decree, order or process of execution of a
court;

specified dealing includes a vesting in fee simple of land in any person or
body by order of a court or by or under an Act.