223LB—Unlawful division of land
(1) A person must not
grant, sell, transfer, convey, mortgage or encumber an estate or interest
(except a right-of-way or other easement) in land (whether or not the land has
been brought under the provisions of this Act) unless that land
constitutes—
(a) the
whole of an allotment, or of a number of allotments; or
(b) an
allotment or allotments and a part allotment that is contiguous with that
allotment or with one or more of those allotments and is comprised within the
same certificate; or
(c) an
allotment or allotments and a series of 2 or more part allotments each of
which is contiguous with the part allotment or part allotments next to it and
at least 1 of which is also contiguous with 1 or more of those allotments and
the allotment or allotments and part allotments are comprised within the same
certificate.
(2) Where land is
comprised in a certificate, a person must not grant, sell, transfer, convey,
mortgage or encumber an estate or interest (except a right-of-way or other
easement) in portion of the land comprised in the certificate unless—
(a) the
portion of the land constitutes—
(i)
the whole of an allotment or of a number of allotments;
or
(ii)
an allotment or allotments and a part allotment that is
contiguous with that allotment or with 1 or more of those allotments; or
(iii)
an allotment or allotments and a series of 2 or more part
allotments each of which is contiguous with the part allotment or part
allotments next to it and at least 1 of which is also contiguous with 1 or
more of those allotments; and
(b) the
remainder of the land comprised in the certificate—
(i)
constitutes the whole of an allotment or of a number of
allotments; or
(ii)
constitutes an allotment or allotments and a part
allotment or part allotments that are contiguous with that allotment or one or
more of those allotments; or
(iii)
constitutes an allotment or allotments and a series of 2
or more part allotments each of which is contiguous with the part allotment or
part allotments next to it and at least 1 of which is also contiguous with 1
or more of those allotments.
(3) The requirement of
contiguity in subsection (2)(b)(ii) does not apply to a part allotment
that was not contiguous with any allotment in the certificate before the
transaction occurred.
(4) A transaction
entered into in contravention of this section is void and no instrument
purporting to give effect to such a transaction may be lodged for
registration.
(5) This section does
not affect the validity of a contract to grant, sell, transfer, convey,
mortgage or encumber an estate or interest in land if—
(i)
under this Part; or
(ii)
by strata plan under the Strata Titles Act 1988 or
by community plan under the Community Titles Act 1996 ,
is contemplated by the parties to the contract; and
(b) the
contract could, if the land were divided as contemplated by the parties, be
carried into effect in conformity with this section; and
(c) the
contract provides that the grant, transfer, conveyance, mortgage or
encumbrance of estates or interests in land pursuant to the contract will not
have effect until the plan of division, strata plan or community plan
contemplated by the parties has been deposited in the Lands Titles
Registration Office by the Registrar-General.
(6) Where—
(a)
before 4 November 1982—
(i)
land was laid out in a building unit scheme; and
(ii)
buildings were erected in accordance with the scheme; and
(b) by
virtue of leases or agreements with the registered proprietor of the land, two
or more persons have exclusive rights to occupy separate portions of the land,
this section does not affect the validity of an assignment of or other dealing
with the rights of occupation existing under the leases or agreements referred
to in paragraph (b).
(7) This section does
not affect the validity of—
(a) a
transaction lawfully entered into before 4 November 1982; or
(b) a
transaction of a class excluded by regulation from the provisions of this
section.
(8) In this
section—
"allotment" includes a community lot, a development lot and common property
within the meaning of the Community Titles Act 1996 and a unit and
common property within the meaning of the Strata Titles Act 1988 ;
"estate" in land includes an estate of leasehold.