Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 26Q

Notice of creation of folio or removal of warning

26Q. Notice of creation of folio or removal of warning



(1) The Registrar must cause the notice required to be given to a person under
section 15, 26D or 26P in respect of land to be given-

   (a)  by publication at least once in a newspaper circulating in the city of
        Melbourne or in the district in which the land is situate; and

   (b)  personally or by post-

   (i)  to the occupiers of the land and to the owners and occupiers of
        contiguous land; and

   (ii) to such other persons (if any) as the Registrar thinks fit.

(2) The Registrar must cause the notice required to be given under section 26O
to be given personally or by post to the registered proprietor of the land in
the provisional folio.



(3) If the folio to be created or the folio from which the warning is to be
removed is or was created on the basis of a claim by possession, the
Registrar, in addition to the notice under subsection (1), must cause the
person who is or is to be the registered proprietor of the land in the folio
to be created or from which the warning is to be removed-

   (a)  to post a notice of the proposal in an appropriate approved form on
        the land or at a place the Registrar directs; and

   (b)  to keep the notice so posted for not less than 21 days prior to the
        creation of the folio or the removal of the warning.

(4) A notice under this section must specify a time (being not less than 14
days) after the expiration of which the Registrar may, unless a caveat is
lodged forbidding that action, create the relevant folio of the Register for
the land or remove the warning from the folio.