New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 105B

Registration of transfer pursuant to sale under writ

105B Registration of transfer pursuant to sale under writ

(1) A transfer pursuant to a sale under a writ is registered when it is recorded in the Register and the Registrar-General may make a like recording on the relevant certificate of title or duplicate registered dealing when it becomes available to the Registrar-General.
(2) Upon the registration of a transfer referred to in subsection (1), the transferee holds the land transferred free from all estates and interests except such as:
(a) are recorded in the relevant folio of the Register or on the relevant registered dealing,
(b) are preserved by section 42, and
(c) are, in the case of land comprised in a qualified folio of the Register, subsisting interests within the meaning of section 28A.
(3) An action for recovery of damages sustained through deprivation of land, or of any estate or interest in land, by reason of the registration of a transfer purporting to give effect to a sale under a writ does not lie against the Registrar-General.
(4) In this section,
"transfer" means a transfer in the approved form.



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