New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 13M
Registration of instruments executed before creation of folio
13M Registration of instruments executed before creation of folio
(1) The Registrar-General may record in a folio of the Register created for
the purpose of bringing land referred to in section 13A or 13B under the
provisions of this Act any transfer (other than a transfer by way of mortgage)
or any mortgage, charge or covenant charge that affects the land if the
transfer, mortgage, charge or covenant charge-- (a) was executed, before the
creation of the folio, by the registered proprietor for the time being
recorded therein,
(b) is in a form that is, in the opinion of the
Registrar-General, an appropriate form for the transfer, mortgage or charging,
as the case may be, of the land before its being brought under the provisions
of this Act, and
(c) is presented to the Registrar-General within 5 years
next after the creation of the folio.
(2) Section 13F applies to a recording
of a mortgage, charge or covenant charge made pursuant to subsection (1)
notwithstanding that the existence of the mortgage, charge or covenant charge
is not disclosed in the records of land tenures or holdings kept by the
Department, the Department of Industry or the Water Administration Ministerial
Corporation.
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