TRANSFER OF LAND ACT 1958 - SECT 47 Power to Registrar to make a vesting order in cases of completed purchase

TRANSFER OF LAND ACT 1958 - SECT 47

    (1)     The Registrar may, in the Registrar's discretion, make a vesting order to give effect to the sale of land if it is proved to the satisfaction of the Registrar that—

        (a)     land has been sold by the registered proprietor and—

              (i)     the whole of the purchase money has been paid; or

              (ii)     the time specified in section 8 of the Limitation of Actions Act 1958 has elapsed since the last payment was due to be paid by the purchaser to the registered proprietor under the contract of sale for the land; and

        (b)     the purchaser or any person claiming under the purchaser has entered and taken possession under the purchase and that entry and possession have been acquiesced in by the vendor or the vendor's representatives; and

        (c)     a transfer cannot be obtained as the registered proprietor is—

              (i)     a natural person who is deceased and has no legal personal representative who can act on the deceased's behalf, or whose signature cannot for any reason be obtained within a reasonable time; or

              (ii)     a body corporate and the authorised agent of the body corporate cannot be located or the agent's signature cannot be obtained within a reasonable time.

    (2)     Upon making a vesting order under subsection (1), the Registrar must record, in any relevant part of the Register, the person in whom the order vests the land as the proprietor of the land, and that person becomes the registered proprietor and transferee of the land.

S. 48 repealed by No. 80/2009 s. 28.

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Division 2—Transmissions

No. 5842 s. 49.