Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26N

Notice of creation of ordinary folio or provisional folio for land in identified folio

26N. Notice of creation of ordinary folio or provisional folio for land in
identified folio



(1) Before a provisional folio or an ordinary folio is created under this Part
for land in an identified folio, the person seeking the creation of the folio
may apply to the Registrar in the appropriate approved form for the giving of
a notice under subsection (3) to a person claiming an interest recorded on the
identified folio.

(2) An application under this section must-

   (a)  specify the land and the interest in the land in respect of which the
        application is made; and

   (b)  be supported by a certificate signed by a legal practitioner to the
        effect that the person claiming the interest recorded on the
        identified folio does not have the interest claimed.

(3) On receiving an application and certificate under this section and on
being satisfied that the applicant has an interest in the land in respect of
which the application is made, the Registrar must give notice to the person
claiming the interest recorded on the identified folio.

(4) The notice must state to the effect that the recording of that interest
will be deleted from the identified folio on a day specified in the notice
unless before that time-

   (a)  the application is abandoned by notice in writing given to the
        Registrar by or on behalf of the applicant; or

   (b)  notice in writing is given to the Registrar that proceedings in a
        court of competent jurisdiction to substantiate the claim of the
        person claiming the interest recorded on the identified folio have
        commenced.

(5) The Registrar must not cause a day to be specified in the notice that is
less than 35 days after the day on which the notice is served, or if the
notice is sent by post, the day on which it is introduced into the course of
the post.

(6) On the specified day, the Registrar must make all necessary amendments to
the Register to delete the recording of the interest in respect of which the
application is made unless-

   (a)  the application has been abandoned in accordance with subsection (4);
        or

   (b)  written notice has been given to the Registrar in accordance with
        subsection (4) that proceedings have commenced.





(7) An application under this section may be abandoned either wholly or as to
part of the land or the interest in the land in respect of which it is made
either before or after the notice is given under subsection (3), but, if
notice has been given, only with the consent of the person claiming the
interest or the agent of that person.

(8) If in proceedings of which notice is given to the Registrar in accordance
with subsection (4), the interest of the person bringing the proceedings is
not substantiated to the satisfaction of the Court-

   (a)  the Court may make any order in relation to the recording of the
        interest as the Court thinks fit; and

   (b)  the Registrar must give effect to that order.

(9) If there is served on the Registrar a copy of any notice or an office copy
of any order of the Court disclosing that proceedings of which notice was
given in accordance with subsection (4) have been discontinued, withdrawn or
struck out or evidence to the satisfaction of the Registrar that those
proceedings have been dismissed, the Registrar may make all necessary
amendments to the Register to delete the recording of the interest in respect
of which the proceedings were commenced.

(10) This section does not apply to any interest in land created by another
Act.