Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 42

Estate of registered proprietor paramount

42. Estate of registered proprietor paramount



(1) Notwithstanding the existence in any other person of any estate or
interest (whether derived by grant from Her Majesty or otherwise) which but
for this Act might be held to be paramount or to have priority, the registered
proprietor of land shall, except in case of fraud, hold such land subject to
such encumbrances as are recorded on the relevant folio of the Register but
absolutely free from all other encumbrances whatsoever, except-

   (a)  the estate or interest of a proprietor claiming the same land under a
        prior folio of the Register;



   (b)  as regards any portion of the land that by wrong description of
        parcels or boundaries is included in the folio of the Register or
        instrument evidencing the title of such proprietor not being a
        purchaser for valuable consideration or deriving from or through such
        a purchaser.

(2) Notwithstanding anything in the foregoing the land which is included in
any folio of the Register or registered instrument shall be subject to-

   (a)  the reservations exceptions conditions and powers (if any) contained
        in the Crown grant of the land;

   (b)  any rights subsisting under any adverse possession of the land;

   (c)  any public rights of way;

   (d)  any easements howsoever acquired subsisting over or upon or affecting
        the land;

   (e)  the interest (but excluding any option to purchase) of a tenant in
        possession of the land;

   (f)  any unpaid land tax, and also any unpaid rates and other charges which
        can be discovered from a certificate issued under section three
        hundred and eighty-seven of the Local Government Act 1958, section 158
        of the Water Act 1989 or any other enactment specified for the
        purposes of this paragraph by proclamation of the Governor in Council
        published in the Government Gazette-

notwithstanding the same respectively are not specially recorded as
encumbrances on the relevant folio of the Register.