TRANSFER OF LAND ACT 1958 - SECT 91 No entry to be made in Register affecting land in respect of which caveat in force
TRANSFER OF LAND ACT 1958 - SECT 91
No entry to be made in Register affecting land in respect of which caveat in forceS. 91(1) amended by Nos 6544 s. 8, 9324 s. 10(1)(b)(i), 18/1989 s. 12(Sch. 1 item 131).
(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 lodged.
(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.
S. 91(2A) inserted by No. 9976 s. 6(1), amended by No. 70/2014 s. 20(b).
(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
S. 91(2A)(b) amended by No. 70/2014 s. 20(a).
(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.
S. 91(2B) inserted by No. 9976 s. 6(1).
(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.
S. 91(3) inserted by No. 9324 s. 10(1)(b)(ii).
(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.
S. 91(4) inserted by No. 9324 s. 10(1)(b)(ii), amended by No. 80/2009 s. 48.
(4) A caveat that has lapsed or been removed by an order of a court shall not be renewed by or on behalf of the same person in respect of the same interest.
Pt 5 Div. 1A (Heading and ss 91A, 91B) inserted by No. 9976 s. 7.
Division 1A—Recorded common provisions
S. 91A inserted by No. 9976 s. 7.