Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 27

PART III THE REGISTER

Register of land

27. Register of land



(1) The Registrar must keep a Register of land which is under the operation of
this Act.

(2) Subject to the regulations, the Registrar-

   (a)  may keep the Register-

   (i)  in any form or combination of forms; and

   (ii) on any medium or combination of mediums; and

   (iii) in any manner-

that he or she thinks fit; and

   (b)  may at any time vary the medium, form or manner in which the Register
        or a part of the Register is kept.

(3) A reference to a medium in subsection (2) includes but is not limited to-

   (a)  a computer; or

   (b)  micro film; or

   (c)  paper.

(4) The Register consists of folios of the Register.

(5) A folio of the Register is a division of the Register that relates to one
or more parcels of land.

(6) A folio of the Register-

   (a)  must contain the recordings that are required or authorised to be made
        in the Register by or under this Act or any other Act and that affect
        the land for which the folio is created; and

   (b)  must include a distinctive identifying reference for the folio; and

   (c)  may contain recordings of any other information that the Registrar
        thinks appropriate to record on the folio; and

   (d)  may describe any land by reference to a separate map or plan in the
        Office of Titles-

and so much of a separate map or plan as relates to the land in the folio is
deemed to form part of the folio in which it is described.

(7) The Registrar creates a folio of the Register by making a recording of-

   (a)  a description of the land for which it is created; and

   (b)  except in the case of an identified folio, a description of the
        proprietor for the time being of the land for which it was created;

   (c)  such other particulars as the Registrar thinks fit of-

   (i)  other estates or interests, if any, affecting the land; and

   (ii) other information, if any, that relates to the land and is required to
        be recorded on the folio by or under this Act or any other Act-

and by allocating a distinctive identifying reference to those recordings.

(7A) The Registrar must not include a description of the proprietor for the
time being of the land when an identified folio is created.

(8) Subject to section 24(4) of the Subdivision Act 1988, on-

   (a)  the bringing of land under the operation of this Act; or

   (b)  the approval of a plan of consolidation; or

   (c)  the approval of a plan of subdivision in accordance with any law for
        the time being in force relating to the subdivision of land; or

   (d)  being required by or under this Act or any other Act to do so-

the Registrar must create any folios of the Register that are necessary.

(9) The Registrar may create, amend or substitute a folio of the Register
where the Registrar thinks it appropriate to do so.

(10) The Registrar may, when substituting a folio of the Register, determine
the information to be recorded on the substitute folio of the Register by
reference to any other records or documents kept by, or available to, the
Registrar or in any other manner the Registrar thinks fit.

(11) If the Registrar creates, amends or substitutes a folio of the Register,
the Registrar may-

   (a)  make any other amendments in the Register that he or she considers
        necessary because of the creation amendment or substitution of the
        folio; and

   (b)  call in and, subject to section 27BA, destroy any certificate of title
        produced for the folio so created amended or substituted.

(12) In this section and in sections 27A and 27C, Act includes Commonwealth
Act.