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TRANSFER OF LAND ACT 1958 - SECT 60 Application for order by person claiming title by possession

TRANSFER OF LAND ACT 1958 - SECT 60

Application for order by person claiming title by possession

S. 60(1) amended by Nos 9976 s. 11, 128/1986 s. 12(g), 85/1998 s. 10, 80/2009 s. 35(1).

    (1)     A person who claims that he has acquired a title by possession to land which is under this Act may apply to the Registrar in writing in an appropriate approved form, accompanied by a plan of survey (with an abstract of field records) of the land certified by a licensed surveyor or any other plan, diagram or document describing the land which satisfies the Registrar as to description, for an order vesting the land in him for an estate in fee simple or other the estate claimed.

S. 60(2) amended by No. 18/1989 s. 12(Sch. 1 item 94).

    (2)     The Registrar shall cause notice of the application to be advertised once at least in a newspaper circulating in the city of Melbourne or in the neighbourhood of the land and to be given to any person he thinks proper including every person appearing by the Register to have any estate or interest in the land.

S. 60(3) amended by No. 80/2009 s. 35(2).

    (3)     The applicant shall cause a copy of the notice to be posted in a conspicuous place on the land or at such place as the Registrar directs and to be kept so posted for not less than 30 days prior to the granting of the application.

S. 60(3A) inserted by No. 80/2009 s. 35(3).

    (3A)     A notice under subsection (3) must be posted on the day on which the application is advertised under subsection (2).

S. 60(4) amended by No. 80/2009 s. 35(4).

    (4)     The Registrar shall appoint a period of not less than 30 days from the publication of the advertisement or service of the notice after the expiration of which he may, unless a caveat is lodged as hereinafter provided, grant the application altogether or in part.

No. 5842 s. 61.