TRANSFER OF LAND ACT 1958 - SECT 62 Power to make vesting order
TRANSFER OF LAND ACT 1958 - SECT 62
Power to make vesting orderS. 62(1) amended by No. 18/1989 s. 12(Sch. 1 item 95).
(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 years [3] .
(2) Where a vesting order is so made the Registrar shall—
S. 62(2)(a) substituted by No. 18/1989 s. 12(Sch. 1 item 96(a)).
(a) make any amendments to the Register that are necessary to give effect to the vesting order;
S. 62(2)(b) amended by No. 18/1989 s. 12(Sch. 1 item 96(b)(i)(ii)), substituted by No. 80/2009 s. 36(1).
(b) create in the name of the applicant, or of any person the applicant directs, a new folio of the Register, dated as at the date of making the vesting order—
(i) for an estate in fee simple or other estate acquired in the land described in the vesting order, free from all encumbrances extinguished under subsection (1); or
(ii) at the Registrar's discretion, consolidating the land described in subparagraph (i) with any adjoining parcel of land owned by the applicant.
S. 62(3) amended by No. 18/1989 s. 12(Sch. 1 item 97).
(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.
S. 62(4) inserted by No. 53/1988 s. 45(Sch. 2 item 83) (as amended by No. 47/1989 s. 4(5)).
(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.
S. 62(5) inserted by No. 80/2009 s. 36(2).
(5) In this section, "encumbrance" includes, but is not limited to, any estate, interest, mortgage, charge, right, claim, demand, caveat, lease, sub-lease, restrictive covenant or statutory charge or an agreement under section 173 of the Planning and Environment Act 1987 .
Pt 4 Div. 6 (Heading and ss 63–65) repealed by No. 7286 s. 9(2).
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Division 7—Leases
No. 5842 s. 66.