TRANSFER OF LAND ACT 1893 - SECT 134
TRANSFER OF LAND ACT 1893 - SECT 134
134 . Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc.
Except in the case of
—
(a)
fraud; or
(b)
Crown land the subject of a qualified certificate of Crown land title,
no person contracting
or dealing with or taking or proposing to take a transfer or other instrument
from a person who is or becomes the proprietor of any registered land lease
mortgage or charge shall be required or in any manner concerned to enquire or
ascertain the circumstances under or the consideration for which such
proprietor or any previous proprietor thereof was or becomes registered or
required or in any manner concerned to enquire or ascertain the circumstances
under or the consideration for which any mortgage or other encumbrance was or
is discharged or removed from the Register at any time prior to or
simultaneously with the registration of such transfer or other instrument or
to see to the application of any purchase or consideration money or shall be
affected by notice actual or constructive of any trust or unregistered
interest any rule of law or equity to the contrary notwithstanding; and the
knowledge that any such trust or unregistered interest is in existence shall
not of itself be imputed as fraud.
[Section 134 amended: No. 17 of 1950 s. 37; No. 81
of 1996 s. 145(1); No. 31 of 1997 s. 114.]