Western Australian Consolidated Acts

TRANSFER OF LAND ACT 1893 - SECT 20

20 .         Lands alienated in fee before commencement of The Transfer of Land Act 1874 may be brought under this Act

                Land alienated in fee by Her Majesty before 1 July 1875 may be brought under the operation of this Act by an application in the form in the Second Schedule; which application may be made by any of the following persons (that is to say) —

                  (i)         the person claiming to be the owner of the fee simple either at law or in equity;

                  (ii)         persons who collectively claim to be the owners of the fee simple either at law or in equity;

                  (iii)         persons who have the power of appointing or disposing of the fee simple;

                  (iv)         the person claiming to be the owner of the first estate of freehold provided that the owner of any vested estate of inheritance join in applying to bring the land under the operation of the Act;

                  (v)         trustees for sale of the fee simple but if any previous consent to their selling be requisite the persons required to give such consent to consent to the application;

                  (vi)         the guardian of any infant or the committee of the estate of any lunatic or person of unsound mind unable to govern his estates so however that the application be made on behalf of such infant lunatic or person and the certificate of title be prepared for registration in his name;

                  (vii)         a tenant for life within the meaning of the Settled Land Act 1892 ⁷ , if the application contains a direction that the certificate of title be registered in the names of the trustees of the settlement within the meaning of that Act, and the trustees consent to the application.

                Provided always that a mortgagor shall not be entitled to make such application unless the mortgagee shall consent thereto; nor a mortgagee unless in the exercise of his power of sale and unless the certificate of title shall be prepared for registration in the purchaser’s name. Provided also that the attorney of any corporation howsoever and wheresoever incorporated whether already constituted or hereafter to be constituted by a power of attorney under a seal purporting to be the common seal of the corporation giving the power may make such application for and on behalf of the corporation of which he is the attorney and may make the requisite declaration to the best of his knowledge information and belief and may subscribe the application in his own name.

        [Section 20 amended by No. 17 of 1950 s. 9; No. 81 of 1996 s. 8; No. 6 of 2003 s. 9.]