- Act 19 of 1980 - Royal Assent 21 May 1980 TABLE OF PROVISIONS Long Title PART I - General 1. Short title 2. Commencement 3. Interpretation 3A. Crown to be bound PART II - Administration 4. Appointment of Recorder, &c. 5. Seal of office 6. Powers and immunities of Deputy Recorder, &c. 7. Documents purporting to be sealed or signed by Recorder or Deputy Recorder, &c., to be received in evidence 8. Facsimile signature of Recorder or Deputy Recorder, &c. PART III - Bringing land under this Act Division 1 - Crown grant 9. Unalienated land, when alienated in fee, to be subject to this Act 10. Transfers to be used instead of grant deeds Division 2 - Application 11. Applications to bring land under this Act 12. How application dealt with 13. Notices 14. Caveat forbidding the bringing of land under this Act 15. Withdrawal of application to bring land under Act Division 3 - Completing the Register 16. Appointed day 17. Land may be brought under this Act on registration of instruments under the Registration of Deeds Act 1935 17A. Land to be brought under this Act upon subdivision 18. Land may be brought under this Act upon subdivision 19. Land may be brought under this Act at the instance of the Recorder 20. Refusal to comply with notice under section 19; making false or misleading statement, &c. Division 4 - Qualified title 21. Qualified title 22. Subsisting estates and interests to be recorded on qualified title 23. Certain informal dealings may be registered 24. Qualified title may be cancelled or corrected in certain circumstances 25. Caution to lapse after 20 years 26. Application of this Act to land in qualified title Division 5 - General provisions 27. Land not alienated from the Crown may be brought under this Act 27A. Certain Crown land may be brought under this Act 28. How certain estates and interests dealt with when land brought under this Act 28A. Restraining orders not affected when land brought under Act 29. Notice to be given in Registry of Deeds 30. Disposal of antecedent documents of title 31. Persons to produce deeds 32. Land may be described by verbal description if no survey available, &c. PART IV - The Register and Certificates of Title 33. The Register, certificates of title and registration 34. Power of Recorder to make transparencies 34A. Power to sell, destroy or otherwise dispose of certain documents 35. Lost certificate of title, folio of the Register, or duplicate registered dealing 36. Searches of public records 37. Copies of public records 38. Section 38 PART V - The Effect of Registration 39. Folio of the Register conclusive evidence of title, &c. 40. Estate of registered proprietor indefeasible 41. Purchaser from registered proprietor not to be affected by notice 42. Purchasers and mortgagees protected 43. Validity of registration in name of deceased person 44. Persons jointly registered to be joint tenants 45. In suit for specific performance, folio of the Register conclusive evidence of title, &c. 46. Folio of the Register void in certain cases 47. Certificate, recording, &c., procured by fraud void as between all parties to fraud PART VI - Estates and Interests in Land and Registration of Dealings Division 1 - General provisions 48. Dealings to be attested; order of registration; priority of dealings 48A. Lodgement of dealings and instruments 48B. Authority for lodgement by electronic process 48C. Lodgement of supporting documents 49. Instruments not effectual until registered 50. Dealings not to be registered except in accordance with this Act 51. Recording of dealing on certificate of title, &c. 52. Priority notices 52A. Attorney-General to give notice of forfeiture orders 53. Dealing may be registered prior to grant from the Crown 54. Delivery of certificate of title or duplicate registered dealing 55. Effect of reference to plan 56. General covenants implied in dealings 57. Implied covenants may be modified or negatived Division 2 - Transfers 58. Transfer 59. Transferee of land subject to mortgage or encumbrance to indemnify transferor 60. Transfers of mortgages, encumbrances, and leases 61. Sale under writ 62. Dealings with lands of the Crown under Act Division 3 - Severance of joint tenancy 63. Severance of joint tenancy Division 4 - Leases 64. Leases 65. Surrender of lease 66. Covenants implied in every lease against lessee 67. Powers in lessor 68. Recovery of possession and determination of lease 69. Provisions of Act as to leases to apply, with necessary modifications, to subleases 70. Extension or variation of lease 71. Folio of the Register for a leasehold estate Division 5 - Mortgages and encumbrances 72. Creation of mortgage or encumbrance 73. Mortgage or encumbrance not to operate as transfer 74. Covenants implied in every memorandum of mortgage 75. Submortgages 76. Postponement of mortgages and encumbrances 77. Procedure in case of default 78. Power to sell and appropriation of proceeds 79. Power of mortgagee to sell or lease mortgaged land and other land together 80. Notice or lapse of time may be dispensed with 81. Effect of registration of sale by mortgagee or encumbrancee 82. Remedies of mortgagee or encumbrancee upon default 83. Mortgagee or encumbrancee may distrain for arrears of money secured under mortgage or encumbrance 84. Mortgagee or encumbrancee of leasehold entering into possession of rent and profits becomes liable to lessor 85. Mortgagee may apply to Recorder for order for foreclosure 86. Order for foreclosure 87. First mortgagee or encumbrancee to produce title for registration of subsequent dealing 88. Variation of terms of mortgage and encumbrance 89. Discharge of mortgage and encumbrance 90. Recorder may facilitate discharge of mortgage in certain cases 91. Application for order declaring mortgage, &c., discharged 92. Caveat by persons claiming under mortgage, &c. 93. Registration of order 94. Recording of satisfaction of encumbrance Division 6 - Transmissions 95. Interpretation 96. Transmission on bankruptcy 97. Disclaimer or lease under Commonwealth Act 98. Transmission on death (old procedure) 99. Transmission on death to personal representative 100. Registration of survivor of joint proprietors, &c. Division 7 - Re-entry on condition broken 101. Re-entry determining fee Division 8 - Covenants running with the land 102. Covenants which run with freehold registered land 103. Effect of identity of parties to covenant 104. Discharge of covenants 104A. Discharge of covenants in gross Division 9 - Easements and profits à prendre 105. Creation of easements 106. The Register as evidence of easements 107. Profits à prendre 108. Release and extinguishment of easements and profits à prendre 109. Effect of unity of seisin on registered easements, &c. 110. Rectification of easements, &c., in old subdivisions Division 10 - Recording of highways 111. Highways not to be registered as estates 112. Recording of highways Division 11 - Estates tail 113. Tenancies in tail to pass fee simple 114. Where successive life estates are given to parent and child with estate tail to grandchild, parent and child may bar entail 115. Tenant in tail under this Act entitled to deal with estate as effectually as tenant in tail under general law 116. Transferee from tenant in tail may be registered for larger estate which tenant may confer Division 12 - . . . . . . . . 117. Section 117 118. Section 118 119. Section 119 120. Section 120 121. Section 121 122. Section 122 123. Section 123 124. Section 124 Division 13 - Compulsory acquisition 125. Interpretation 126. Registration of acquiring authority as proprietor 127. Acquiring authority to be responsible to persons injured by operation of this Division 128. Acquiring authority not to have claim in respect of acquired land 129. Notice to treat, or notice of intention to acquire to be given to Recorder 130. Section 130 PART VII - Settled Land 131. Application of Settled Land Act 1884 to land held under this Act PART VIII - Trusts 132. Trusts PART IX - Caveats Division 1 - Caveats against dealings 133. Caveat against dealings 134. Caveat may be lodged by judgment creditor 135. Proceedings to remove caveat 136. Lapsing of caveat on registration of dealing 136A. Cancellation of caveat on application of proprietor of estate or interest 137. No registration affecting land in respect of which caveat lodged Division 2 - Compensation for lodging caveat without sufficient cause 138. Compensation for lodging caveat without sufficient cause PART IXA - Orders to vest land 138A. Registration as proprietor of person entitled to land by operation of any Act 138B. Recorder to carry out order of Supreme Court vesting trust estate 138C. Registration of dealing by person appointed by court 138D. Recorder may make vesting order in certain circumstances when purchaser in possession 138E. Caveat forbidding granting of application under section 138D 138F. Restriction on renewal of caveats PART IXB - Possessory Title Division 1 - Preliminary 138G. Interpretation 138H. Application to unregistered land Division 2 - Right to acquire easements 138I. Abolition of common law rules 138J. Acquisition of easements by possession Division 3 - Procedure for vesting of easements 138K. Applicant to notify owner of servient tenement 138L. Requirements for application 138M. Tenants in common 138N. No easement in gross 138P. Character of easement 138Q. Power of Recorder to make recordings, &c. 138R. Abolition of claim for profit à prendre Division 4 - Caveat by owner 138S. Power of owner to lodge caveat Division 5 - Title by possession 138T. Title by possession 138U. Restriction on title by possession 138V. Requirements for title by possession 138W. Registered proprietor to hold land on trust 138X. Power of Recorder to make vesting order 138Y. Avoidance of sub-minimum lots Division 6 - Caveats against easements and title by possession 138Z. Caveat forbidding granting of application under this Part 138ZA. Restriction on renewal of caveats PART X - Amendment of the Register 139. Correction of errors 140. Cancellation of superfluous recordings 141. Powers of Supreme Court to direct cancellation of folio or recording in certain cases 142. Rectification of boundaries, area or position of land 143. Effect of certain corrections PART XA - Approval of Plans 143A. Recorder may specify format, &c., of certain plans 143B. Recorder may require information, &c., in respect of plans, &c. 143C. Recorder may correct errors on plans 143D. Recorder may require substitute plans 143E. Balance plans to be provided 143F. Notice of rejection of plan to be given 143G. Giving of notice 143H. Accompanying document defined 143I. Power of Recorder to rearrange plans PART XI - Civil Rights and Remedies Division 1 - General 144. Proprietor if dissatisfied may summon Recorder to show cause 145. Action by person claiming as beneficiary may be brought in name of trustee 146. Mortgagee, encumbrancee or lessor may obtain possession in certain cases 147. Right of mortgagee of lease not to be barred 148. Right of mortgagor or encumbrancer tendering principal, &c., and paying same to Treasurer to obtain discharge of mortgage, &c. 149. Registered proprietor protected against ejectment, except in certain cases Division 2 - The assurance fund and compensation from that fund 150. The assurance fund 151. Assurance fund not liable in certain cases 152. Compensation for party deprived of land 153. When action may lie against Recorder as nominal defendant 154. Date of deprivation in certain cases 155. Person sustaining loss may apply for compensation 156. Notice of action 157. Results of action 158. Limitation of actions 159. Moneys paid out of assurance fund may be recovered PART XII - General Powers, Duties, and Immunities of Recorder 160. General powers of Recorder 160A. Power of Recorder to issue directions 161. Recorder may state case for Supreme Court 162. Recorder may require map to be deposited 163. Power of Recorder to call in certificate of title, &c., in certain cases 164. Powers of Court and Recorder 165. Protection of Recorder 166. Payment of money received by Recorder to persons entitled under this Act PART XIII - Miscellaneous 167. Jurisdiction in relation to offences 168. Service, &c., of notices 169. Section 169 169A. Power of Recorder to approve forms 169B. False representation as to approved forms 169C. Recording of common provisions 169D. Incorporation of common provisions 169E. Prescribed fees 169EA. Exemptions from fees 169F. Validation 170. Regulations 170A. Combination of forms 170B. Duty of Recorder to transmit certain information 171. Section 171 172. Transitional provision 173. Repeal SCHEDULE 1 SCHEDULE 2 SCHEDULE 3[ Note: This table has been automatically generated and may be incomplete. ]