Australian Capital Territory Current Acts

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LAND TITLES ACT 1925 - SECT 23

When evidence of title imperfect

    (1)     If it appears to the registrar-general that any parties interested in any unsatisfied mortgage or encumbrance affecting the title to the land or beneficially interested therein are not parties to the application, or that the evidence of title set forth by the applicant is imperfect or that the applicant has required notice of his or her application to be served personally upon any person, the registrar-general may reject the application altogether, or require notice of the application to be served upon all persons who appear to him or her to have any interest in the land the subject of the application, and public notice of the application to be given and advertisements to be published in the official Gazettes of each of the States, at the times and intervals the registrar-general considers appropriate, and must also limit and appoint a time, not less than 2 months nor more than 2 years after the date of the earliest of the Gazette advertisements, or notification of the application under the Legislation Act 2001

(see section 24 (Notice of application to be published)), whichever is earlier, upon or after the expiration of which he or she may bring the land under this Act, unless he or she has in the interval received a caveat forbidding him or her to do so.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

    (2)     The registrar-general may, in his or her discretion, notwithstanding that certain persons are not parties to the application, or that the evidence of title set forth by the applicant is imperfect, take the steps provided in section 22, and may bring the land under this Act; but in that case he or she may require payment to him or her of such special fee as he or she considers adequate in addition to that provided under section 139.



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