AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND TITLES ACT 1980 - SECT 11

Division 2 - Application Applications to bring land under this Act

(1)  Subject to subsection (2) , land may be brought under this Act on the application in writing in an approved form of any of the following persons:
(a) the person claiming to be the owner of the fee simple either at law or in equity;
(b) the person claiming to be entitled to a grant in fee from the Crown of any land under or by virtue of a contract with the Crown (other than a contract under any Act relating to the sale of Crown lands), or in equity and good conscience;
(c) the tenant for life, or person having the powers of a tenant for life, under the Settled Land Act 1884 ;
(d) the guardian of an infant or the administrator of the estate of a person under the Guardianship and Administration Act 1995 , if –
(i) the infant or patient would have been entitled, if not under disability, to apply under paragraph (a) , paragraph (b) , or paragraph (c) ; and
(ii) the application contains a direction that the infant or patient shall be registered as proprietor;
(e) a person holding power of attorney authorizing the sale of a freehold estate in the land in the name of the proprietor of that land, unless the power expressly prohibits the person making such an application;
(f) the legal practitioner acting for a person referred to in paragraph (a) , (b) , (c) , (d) or (e) .
(2)  An application under this section shall not be made by –
(a) a person claiming to be entitled to an undivided share of any land, unless the person who appears to be entitled to the other undivided shares of the land joins in the application with a view to bringing the entirety under this Act; or
(b) a tenant for life, or person having the powers of a tenant for life, under the Settled Land Act 1884 unless –
(i) the tenant for life, or the person having the powers of a tenant for life, is selling or exchanging the fee simple pursuant to a provision of that Act or the Settled Land Act 1911 and directs that the purchaser or person to whom the fee simple is given in exchange shall be registered as proprietor; or
(ii) in the case of a life tenant in possession –
(A) where there is a vested estate in expectancy in the land (other than an estate vested in an infant), the application contains a direction that the person entitled to that estate shall be registered as proprietor of that estate; or
(B) where there is a vested estate in expectancy in the land to which an infant is entitled, or there is an estate in expectancy in the land capable of taking effect on the happening of a future event, the application contains a direction that the trustee of the settlement under which the estate in expectancy was created shall be registered as proprietor of that estate –
so that upon the granting of the application and compliance with the direction, all the vested estates in the land are brought under this Act.
(3)  A person who lodges an application under this section or a mortgagee or other person who has, in the person’s possession or under the person’s control, instruments constituting or in any way affecting the title of the land to which the application relates shall lodge those instruments and also, if required, an abstract of the title to that land with the Recorder.
(4)  A person referred to in subsection (3) shall not lodge with the Recorder any instruments which a purchaser of the land to which the application relates would not be entitled to require pursuant to section 35 of the Conveyancing and Law of Property Act 1884 .
(5)  A chamber in a building standing on land that is not under this Act shall not be brought under this Act separately from the land and building.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]