TRANSFER OF LAND ACT 1958 - SCHEDULE 5A
TRANSFER OF LAND ACT 1958 - SCHEDULE 5A
Schedule 5A
Part I—Legal practitioner's certificate as to title
(Freehold General Law Land)
To: The Registrar of Titles
I
of (Firm's name and address)
Legal practitioner having caused a search to be made up to / / as disclosed in the attached search of title against the land in the Schedule, having examined the documents forming the chain of title to the land from the Crown grant or last deed known to the Registrar of Titles or accepted by the Registrar of Titles in a prior conversion save and except any documents set out in clause 7 of the Schedule and having made the searches and enquires as I consider necessary DO CERTIFY THAT:
1. The person(s) shown in clause 3 of the Schedule has/have acquired a good safe holding and marketable title to the land including such appurtenances, abuttal rights, etc. as are set out in Clause 2 of the Schedule subject to the mortgages, encumbrances claims rights estates or interests set out in clauses 4, 5, and 6 of the Schedule and the qualifications set out in clause 7 of the Schedule.
2. The Root of Title is the following instrument: )
).
3. The land is not subject to control under the laws relating to bankruptcy or insolvency.
4. The value of the land including all buildings and other improvements thereon is $ or thereabouts.
5. I hold an Australian practising certificate within the meaning of the Legal Profession Uniform Law (Victoria).
Date
Signature
SCHEDULE
1. Address of property:
2. Land:
(Insert description sufficient to identify the land.
Note: Where the land description includes rights of appurtenancy, abuttal, etc. justified in any deed which forms part of a separate chain of title, a photocopy of the deed, certified by the legal practitioner making the certificate, must be produced. That chain of title must, also be produced, except those parts which have been accepted by the Registrar under a prior conversion.)
3. Full name and address of owner:
4. Mortgages:
(If there are none, write "NIL". Otherwise give details.)
5. Encumbrances:
(e.g. charges, easements, restrictive covenants, etc.) (If there are none, write "NIL". Otherwise give details.)
6. Claims, rights, estates or interests:
(If any person has or claims an estate or interest in the land at law or in equity, in possession or expectancy, describe them. (e.g. Rights of a purchaser under a contract of sale or person in possession or person in occupation, judgements, lis pendens, statutory rights or interests, notices of acquisition, etc.) If there are none write "NIL").
7. Qualifications:
(Here specify any qualifications the legal practitioner has with respect to the title. A reference to any defects in title should be included, e.g. missing deeds, or as the case may be).
Part 2—Legal practitioner's certificate as to title to general law land
(Possessory Title)
To: The Registrar of Titles
I
of (Firm's name and address)
Legal practitioner having examined the evidence of the possessory title to the land in the schedule including the documents produced herewith and set out in the schedule and the attached search notes and having made such searches and enquiries that I consider to be necessary DO CERTIFY THAT:
1. The last registered deed(s) which comprise the fee of the land is/are Book No. whereby of is the last registered owner subject to
2. I am satisfied that the applicant has acquired a title to the said land by possession. *1
3. Other than as stated below I am not aware of any mortgage or encumbrance affecting the land or that any person other than the applicant has or claims any estate or interest at law or in equity, in possession or expectancy any prior interest having been extinguished.
(If there are none, write "NIL".)
4. The value of the land including all buildings and other improvements thereon is $ or thereabouts.
5. The land is not subject to control under the laws relating to bankruptcy or insolvency.
6. I hold an Australian practising certificate within the meaning of the Legal Profession Uniform Law (Victoria).
7. I am satisfied that no part of the land has for 30 years and upwards been used as road nor has it been dedicated or proclaimed as a public highway, nor has it vested in any body pursuant to any statute.
Dated
Signature
SCHEDULE
1. Address of Property:
2. Land: (part of—whole of) Crown Allotment (
)
Section ( ) Parish of (
)
County of ( ) being
land identified (state how)
on Plan of Survey by the Surveyor (
)
dated ( ) a copy of which is annexed hereto.
3. Full name and address of applicant:
4. Documents produced and set out: (Give details) *2
*1. To do this the legal practitioner must, among other things, be satisfied that a person has entered into possession adverse to the owner at a time prior to the commencement of the Statutory period (see sections 8 and 23(1)(c) of the Limitation of Actions Act 1958 ) and that there has been an unbroken chain of possession since that time.
*2. The evidence upon which the legal practitioner's certificate is based should, in the case of each witness, be by statutory declaration or affidavit to which there is exhibited a copy of the plan of survey. Each declaration or affidavit should be headed by reference to the matter of the Transfer of Land Act 1958 and the matter of an Application by the Applicant (give name).
All evidence relevant to title, including any deeds of assignment of possessory rights, should be set out in item 4 of the Schedule and produced.
5. Qualifications:
(Here specify any qualifications the legal practitioner has with respect to
the title. A reference to title acquired by possession for more than 15 years
but less than 30 years should be included. A reference to any other defects in
title should also be included e.g. missing deeds, or as the case may be.).
Sch. 6 repealed by No. 9976 s. 11.
* * * * *
S. 48.
Nos 5842, 5934 s. 7.
Sch. 7 amended by Nos 6433 s. 3 (as amended by No. 6489 s. 4), 9633 s. 10, substituted by No. 9858 s. 8, amended by Nos 9967 s. 12, 10167 s. 3(1), 18/1989 s. 12(Sch. 1 item 186(a)(b)), 57/1993 s. 21(a)–(c), 52/1994 s. 97(Sch. 3 item 32), 35/1996 s. 453(Sch. 1 item 83.15(a)(b)), 11/2001 s. 3(Sch. item 78.2), 88/2005 s. 117(Sch. 2 item 9), 75/2006 s. 192(Sch. 2 item 6.6) (as amended by No. 17/2007 s. 33), repealed by No. 80/2009 s. 71.
* * * * *
Schs 8–11 repealed by No. 9976 s. 11.
* * * * *
No. 5842.
Sch. 12.