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REAL PROPERTY ACT 1900 - SECT 28T
Creation of limited folio
28T Creation of limited folio
(1A) Where the boundaries of land to which Part 3 applies are not sufficiently
defined to enable the Registrar-General to create an ordinary folio of the
Register under that Part, the Registrar-General may, subject to subsection
(4), create a folio of the Register-- (a) in the case of land to which
section 13A or 13B applies, being a folio for the estate or interest in any of
that land of the person for whose estate or interest the Registrar-General
could otherwise have created an ordinary folio of the Register under that
section,
(b) in the case of land to which section 13D (1) applies, being a folio in
which "The State of New South Wales" is recorded as the proprietor of that
land, or
(c) in the case of a lease described in section 13D (3) of land to
which section 13D (1) applies, being a folio in the name of the person who, in
the Registrar-General's opinion, is entitled to be registered proprietor of
the lease.
(1) Where the boundaries of land described in a registered deed
are not sufficiently defined to enable the Registrar-General to create a
qualified folio of the Register under section 28C or 28D, the
Registrar-General may, subject to subsection (4)-- (a) create a qualified
folio of the Register for the estate or interest in any of that land of the
person for whose estate or interest in the land the Registrar-General could
have created a qualified folio of the Register under section 28C or 28D, as
the case may be, if no further survey definition had been necessary adequately
to define the boundaries of the land, and
(b) for the purpose of creating a
folio of the Register for that land under paragraph (a), retain any relevant
deed in the Registrar-General's custody.
(2) Where the boundaries of land are
not sufficiently defined to enable the Registrar-General to cause a notice to
be given under section 28E (1), the Registrar-General may cause such a notice
to be given and, subject to subsection (4), may create a qualified folio of
the Register for the estate or interest in any of that land of the person for
whose estate or interest in the land the Registrar-General could have created
a qualified folio of the Register under section 28E, if no further survey
definition had been necessary adequately to define the boundaries of the land.
(3) Where the boundaries of land are not sufficiently defined to enable the
Registrar-General to create an ordinary folio of the Register under
section 28EA, the Registrar-General may, subject to subsection (4), create a
folio of the Register for the estate or interest in any of that land of the
person for whose estate or interest in the land the Registrar-General could
have created an ordinary folio of the Register under section 28EA, if no
further survey definition had been necessary adequately to define the
boundaries of the land.
(4) When creating a folio of the Register under
subsection (1A), (1), (2) or (3), the Registrar-General shall make in that
folio a recording to the effect that the description of the land comprised
therein has not been investigated by the Registrar-General and may therein or
in any plan deposited in the Registrar-General's office illustrating the land
so comprised record such other particulars as the Registrar-General considers
appropriate.
(5) Part 3 (sections 13A, 13B, 13D (1) and (3) and 13N excepted)
applies to and in respect of a folio of the Register created under subsection
(1A) (whether or not it ceases to be a limited folio of the Register) in the
same way as it applies to and in respect of a folio of the Register created
under Part 3.
(6) The provisions of section 28GA apply to and in respect of a
folio of the Register created under subsection (3) as if the reference in
section 28GA to an ordinary folio of the Register created under section 28EA
were a reference to a folio of the Register created under subsection (3).
(7)
Part 4A (sections 28B, 28C, 28D, 28E, 28EA and 28QA excepted) applies to and
in respect of a qualified folio of the Register created under subsection (1)
or (2) (whether or not it ceases to be a limited folio of the Register) in the
same way as it applies to and in respect of a qualified folio of the Register
created under Part 4A.
(8) Except as otherwise provided by any other
provision of this Part-- (a) land comprised in a limited folio of the Register
is subject to the provisions of this Act,
(b) the provisions of this Act
relating to ordinary folios of the Register, land comprised in ordinary folios
of the Register and the registration of dealings affecting land comprised in
ordinary folios of the Register shall apply to limited folios of the Register,
land comprised in limited folios of the Register and the registration of
dealings affecting land comprised in limited folios of the Register,
(c) a
reference in this and in any other Act (other than the
Strata Schemes Development Act 2015 ) to a folio of the Register includes a
reference to a limited folio of the Register, and
(d) a limited folio of the
Register shall be evidence as to title in all respects as if it were an
ordinary folio of the Register, except that-- (i) the certification of title
is not conclusive as regards the definition of the boundaries of the land
comprised therein, and
(ii) where the folio of the Register is also a
qualified folio of the Register, the operation of section 28P (1) (d), as
applied by subsection (7), is not affected.
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