TRANSFER OF LAND ACT 1893 - SECT 52
TRANSFER OF LAND ACT 1893 - SECT 52
52 . Registration of certificates of title and instruments
(1) A certificate of
title, in the case of a paper title, is registered when —
(a) it
has been allocated a reference number distinguishing it from all other
certificates of title; and
(b) it
has been sealed.
(1a) A certificate of
title, in the case of a digital title, is registered when —
(a) it
has been allocated a reference number distinguishing it from all other
certificates of title; and
(b) it
has been incorporated into the Registrar’s digital database as a
certificate of title.
(2) An instrument
purporting to affect any land for which a certificate of title has been
registered is registered when a memorandum referred to in section 56 in
relation to the original instrument has been entered in the Register on the
certificate.
(3) The Registrar may
require a person who presents a lease for registration to also lodge a
duplicate of the lease.
(4) The person named
in —
(a) a
certificate of title referred to in subsection (1); or
(b) an
instrument referred to in subsection (2),
as the proprietor or
as having an estate or interest or power in relation to the land that is the
subject of the certificate or the instrument shall be deemed to be the
registered proprietor of the land or to have the estate or interest or power
in relation to the land, as the case may be.
[Section 52 inserted: No. 81 of 1996 s. 26;
amended: No. 6 of 2003 s. 18; No. 2 of 2014 s. 67.]