Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 91

No entry to be made in Register affecting land in respect of which caveat in force

91. No entry to be made in Register affecting land in respect of which caveat
in force



(1) So long as any such caveat remains in force the Registrar shall not except
to register or give effect to-

   (a)  a transfer or dealing referred to in section 90(1)(a)(b)(c)(d) or (e);

   (b)  a transfer or dealing referred to in section 90(5); or

   (c)  a transfer or dealing in respect of which the caveat has lapsed-

record in the Register any change in the proprietorship of or any dealing
purporting to affect the estate or interest in respect of which the caveat is
lodged9.

(2) Notwithstanding anything in the foregoing no instrument lodged for
registration shall be in any way affected by any caveat lodged at a time later
than the lodgment of such instrument.





(2A) Notwithstanding anything to the contrary in this Division, the
registration of an instrument of transfer executed by the registered
proprietor of a mortgage or charge in exercise of the power of sale conferred
on him by this Act shall not be prevented by a caveat that-

   (a)  was lodged after the mortgage or charge was lodged; and

   (b)  claims an estate or interest in the land transferred by virtue of an
        unregistered mortgage or charge or other unregistered document
        intended to create a security for the payment of moneys-

unless the caveat claims that the unregistered mortgage charge or other
document is for any reason binding upon the mortgagee or annuitant.

(2B) Upon the registration of an instrument of transfer by the registered
proprietor of a mortgage or charge in exercise of the power of sale conferred
on him by this Act, any caveat that-

   (a)  was lodged after the mortgage or charge was lodged; and

   (b)  claims an estate or interest in the land transferred by virtue of an
        unregistered mortgage or charge or other unregistered document
        intended to create a security for the payment of moneys-

shall lapse to the extent that it claims an estate or interest in the land
transferred.

(3) Notwithstanding anything to the contrary in this Division, no dealing by
the registered proprietor of a mortgage charge lease or sub-lease in respect
of which a caveat has lapsed shall be in any way affected by the caveat.

(4) A caveat that has lapsed or been removed shall not be renewed by or on
behalf of the same person in respect of the same interest.

Division 1A-Recorded common provisions