Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 99

Application by proprietor for amendment of Register

99. Application by proprietor for amendment of Register



(1) A proprietor may make an application in an appropriate approved form for
amendment of the folio of the Register-



   (a)  of his own land, in any case in which the boundaries area or position
        of the land differ from the boundaries area or position of the land
        actually and bona fide occupied by him and purporting to be so
        occupied under the title in respect of which the folio of the Register
        was created, or in any case in which the description in a folio of the
        Register is erroneous or imperfect on the face of it;

   (b)  of the land of any other proprietor, where by reason of any error in
        survey or other misdescription part of such land is actually and bona
        fide occupied by the applicant together with the land described in the
        applicant's folio of the Register.

(2) The Registrar shall send by post, to every person who appears from the
Register to be affected by the application, notice that application has been
made to amend the folio of the Register in the manner specified together with
a plan showing the effect of the application and appointing a time after the
expiration of which the application may be granted unless a caveat is lodged
forbidding the granting thereof.

(3) The Registrar on the request in the approved form of any registered
proprietor or his agent and upon payment of the fee (if any) fixed by the
Registrar shall inform him as to whether the boundaries area and position of
any land the subject-matter of any proposed application under this section are
accurately shown on any plan of survey in the Office of Titles.