Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 27D

Evidence

27D. Evidence



(1) In any proceedings a document certified in writing signed by the Registrar
to be a record, as at a particular date, of the information recorded on any
part of a folio of the Register is conclusive proof, without production of the
folio of the Register, that at that date the recordings on the folio to which
the document applies were as stated in the document.

(2) A document under subsection (1) may relate to recordings on a folio of the
Register or to recordings existing at any earlier time.

(3) If a document under subsection (1) relates to recordings other than the
recordings on a folio of the Register, the document may be based on
information derived from other records or documents kept by or available to
the Registrar.

(4) Subsections (2) and (3) also apply, with the necessary modifications, to a
document certified under subsection (1) that relates to a recording in the
Register that has become illegible or unavailable.



(5) Subject to this section, that part of a certificate of title that
contains, or purports to contain, a record of information recorded on a folio
of the Register, is evidence and, in the absence of evidence to the contrary,
is proof that, at the date of the certificate that folio of the Register
contained a recording of that information.

(6) If in relation to any matter there is an inconsistency between a statement
on a certificate of title and a statement recorded in the Register, the
statement in the Register prevails.

(7) This section does not affect or limit-

   (a)  Part III of the Evidence Act 1958; or

   (b)  any other mode of proof of facts and documents permitted by law.