TRANSFER OF LAND ACT 1893 - SECT 54

TRANSFER OF LAND ACT 1893 - SECT 54

54 .         Incorporation of terms etc. of certain memoranda

        (1)         In this section, memorandum means a document containing terms, conditions, covenants or other provisions purporting to affect any land under the operation of this Act.

        (2)         Any person may, on payment of the prescribed fee, lodge with the Registrar a memorandum in an approved form.

        (3)         The Registrar may file —

            (a)         a memorandum lodged under subsection (2) if the content is approved by the Registrar; and

            (b)         a memorandum on his own behalf,

                and the Registrar shall allocate to each memorandum so filed a reference number distinguishing it from all other memoranda filed under this section.

        (4)         A provision of a particular memorandum filed under this section may be incorporated into a certificate of title, instrument, plan, diagram or other document affecting land under the operation of this Act (the document ), with or without amendment, by notation to that effect on the document.

        (5)         A provision of a memorandum noted as being incorporated into a document under subsection (4), or that provision as amended, as the case may be, shall be deemed to be set out in its entirety in the document.

        (6)         Nothing in this section affects any other provision of this Act by which terms, conditions, covenants or other provisions that affect land under the operation of this Act may be incorporated into a document for the purposes of this Act.

        [Section 54 inserted: No. 81 of 1996 s. 28; amended: No. 2 of 2014 s. 68.]