Western Australian Consolidated Acts

TRANSFER OF LAND ACT 1893 - SECT 69

69 .         Easements existing under deed or writing and certain conditions to be noted as encumbrances

                Notwithstanding the reservation in the last preceding section of any easements subsisting over or upon or affecting any land comprised in any certificate of title the Registrar shall specify upon any future certificate of such land and its duplicate (if any) as an encumbrance affecting the same any subsisting easement over or upon or affecting the same which shall appear to have been created by any deed or writing. And notwithstanding the proviso to the said last preceding section the Registrar shall endorse as an encumbrance upon all future certificates of title and their duplicates (if any) any special building condition or condition against free alienation or other condition (not being a power of resumption by the Crown for any public purpose) contained in any grant conveyance or other document of title of the land described in such certificate and its duplicate (if any) and such endorsement may be in the words following or to the like effect (that is to say):

                “Special building condition contained in to [A.B.] registered vol.        fol.        ,” or as the case may be.

                “Condition against (free alienation or other condition ) contained in         to [A.B.] registered vol.       fol.     ,”  or as the case may be.

        [Section 69 amended by No. 81 of 1996 s. 41.]