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CONVEYANCING ACT 1919 - SECT 88J
Production of title documents where sale, lease or foreclosure
88J Production of title documents where sale, lease or foreclosure
(1) A prescribed authority having the benefit of a public positive covenant,
being an authority-- (a) which is authorised (whether or not by this Act or
the Real Property Act 1900 ) to sell or lease land subject to the covenant, or
(b) which has obtained an order for foreclosure relating to that land,
may
apply to the Court for an order requiring the delivery, at or within such time
as may be fixed by the Court, to the authority by the person whose land is
subject to the covenant or by any other person of any deed or other instrument
relating to the title to the land which may be reasonably required by the
authority.
(2) An application shall be made in accordance with rules of
Court.
(3) Where an order has been made under this section and any instrument
required by the Registrar-General for the purposes of the
Real Property Act 1900 has not been delivered to the prescribed authority in
accordance with the order, the Registrar-General may dispense with production
of the instrument.
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