New South Wales Consolidated Acts

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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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