Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 40

Instruments not effectual until registered

40. Instruments not effectual until registered



(1) Subject to this Act no instrument until registered as in this Act provided
shall be effectual to create vary extinguish or pass any estate or interest or
encumbrance in on or over any land under the operation of this Act, but upon
registration the estate or interest or encumbrance shall be created varied
extinguished or pass in the manner and subject to the covenants and conditions
specified in the instrument or by this Act prescribed or declared to be
implied in instruments of a like nature.

(2) Every instrument when registered shall be of the same efficacy as if under
seal and shall be as valid and effectual to all intents and purposes as a deed
duly executed and acknowledged or other appropriate form of document.