Australian Capital Territory Current Acts

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No notice of trusts to be entered in register

    (1)     The registrar-general must not make an entry in the register of any notice of trust or declaration of trust in relation to an interest in land, whether express, implied or constructive if the trust creates or affects an interest in land.

    (2)     Trusts may be declared by any document, which document may include both, land under this Act, and land that is not under this Act.

    (3)     The description of the several parcels of lands contained in the document shall sufficiently distinguish the land which is under this Act from the land which is not under the provisions thereof, and a duplicate or an attested copy of the document may be deposited with the registrar-general for safe custody and reference, but shall not be registered.

    (4)     When any such document or duplicate or attested copy thereof is so lodged, the registrar-general shall forthwith enter in the folio of the register comprising the land referred to in the document a caveat forbidding the registration of any instrument not in accordance with the trusts and provisions therein declared and contained so far as concerns the land affected by the document.

    (5)     The caveat may be removed on the application of the same person and in the same manner as is provided in section 105.

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