Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 62

Power to make vesting order

62. Power to make vesting order



(1) Subject to this Act after the expiration of the period appointed the
Registrar if satisfied that the applicant has acquired a title by possession
to the land may make an order vesting the land in the applicant, or in such
person as the applicant directs, for an estate in fee simple or other the
estate or interest acquired by the applicant free from all encumbrances which
have been determined or extinguished by such possession and free from any
easement recorded as an encumbrance which has been proved to the satisfaction
of the Registrar to have been abandoned by reason of non-user for a period of
not less than thirty years4.

(2) Where a vesting order is so made the Registrar shall-

   (a)  make any amendments to the Register that are necessary to give effect
        to the vesting order;



   (b)  create in the name of the applicant, or of such person as the
        applicant directs as aforesaid, a new folio of the Register, dated as
        at the date of the making of the vesting order, for an estate in fee
        simple or other the estate acquired in the land comprised in the
        vesting order free from all such encumbrances as aforesaid.

(3) If the applicant or such other person dies before the vesting order is
made the land shall be registered in his name and shall pass in like manner as
if the folio of the Register had been created before the death.

(4) As soon as practicable after making a vesting order, the Registrar must
notify the Council of the municipal district where the land is located.





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Division 7-Leases