New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 13K

13K Conversions, purchases, extensions of term, subdivisions etc

(1) Where a holding comprising land to which this Part applies is subject to the provisions of this Act and the following action is taken in regard to the holding--

(a) it is converted in whole or in part into another class of holding,

(b) being a leasehold tenure, the purchase from the Crown of the whole or a part of it is confirmed, approved or granted,

(c) being a leasehold tenure, its term is extended as to the whole or a part thereof,

(d) it is subdivided,

(e) land is added to, included in or withdrawn from it,

(f) land comprised in it is exchanged for other land,

(h) it is otherwise dealt with (except by way of a dealing registrable under this Act),

the Registrar-General may create such folios of, and make such recordings in, the Register as, in the Registrar-General's opinion, are appropriate to give effect to that action.

(2) Any folio of the Register created in respect of land in pursuance of this section shall be in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the land.

(2A) If, in connection with the sale of Crown land under Part 5 of the Crown Land Management Act 2016 or the grant of a purchase application within the meaning of Schedule 4 to that Act, the Minister administering that Act imposes a restriction on use or public positive covenant under Division 5.10 of that Act, the Registrar-General is to record the restriction on use or covenant in the relevant folio of the Register.

(3) Without limiting the generality of any other provision of this or any other Act, where--

(a) a folio of the Register has been created in respect of land to which this Part applies,

(b) an interest affecting the land is recorded in the folio, and

(c) a new folio of the Register is created as referred to in this section in respect of the land,

the creation of the new folio shall not affect the interest and the interest shall, to the extent that it is applicable to the land--

(d) continue to exist in relation to the land in respect of which the new folio has been created in the same way as it existed in relation to the land in respect of which the firstmentioned folio was created, and

(e) be recorded by the Registrar-General in the new folio.

(4) In subsection (3),
"interest" includes mortgage, easement, profit à prendre, restriction as to user, lease, caveat and writ.

(5) Where it appears to the Registrar-General that the legal estate in land in respect of which a new folio of the Register is to be created as referred to in this section is vested in a mortgagee, the Registrar-General may record as the registered proprietor in the new folio the mortgagee or the mortgagor of the land.