Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26P

Removal of warning relating to title dimensions

26P. Removal of warning relating to title dimensions



(1) The registered proprietor of the land in a provisional folio on which
there is recorded a warning in the form of Part IV of the Fifth Schedule may
apply to the Registrar in the prescribed form to have the warning deleted from
the folio.

(2) An application under subsection (1) must be lodged with a plan of survey
of the land (with an abstract of field records) certified by a licensed
surveyor.

(3) If the Registrar is satisfied that the land in the plan of survey
represents the land actually and bona fide occupied by the applicant and
purporting to be so occupied under the provisional folio, the Registrar may
delete the warning from the folio and make any necessary amendments to the
Register.

(4) This section does not prevent an applicant under subsection (1) from
including in the application by separate definition in the plan of survey
lodged with the application such additional land as the applicant claims by
possession or otherwise.

(5) If an application includes additional land in accordance with subsection
(4), the Registrar must cause notice of the proposed creation of the folio to
be given in accordance with section 26Q.

(6) In addition to the requirements of sections 26Q and 26R, the provisions of
this Act relating to the granting of vesting orders by the Registrar as are
appropriate to land which is, and land which is not under the operation of
this Act, apply to the land included in the application.

(7) This section does not limit section 106(e).

(8) Section 102 applies to an application under this section as if it referred
to an application under this section instead of an application to bring land
under this Act.