AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 132

PART VIII - Trusts Trusts

(1)  The Recorder shall not record particulars of any trust in the Register.
(2)  A dealing may state that a person named in the dealing is a trustee –
(a) for the purpose of expressing the consideration;
(b) for the purpose of providing that the person named assumes liability only to the extent of an estate or interest of which he is a trustee; and
(c) where the person named is a trustee pursuant to an Act or Commonwealth Act (other than an Act applicable to trustees generally) –
but shall not disclose particulars of a trust.
(3)  The Recorder, in his discretion, may in a folio of the Register or certificate of title describe a registered proprietor as a trustee where –
(a) the proprietor was so described in the dealing by which he became registered as a proprietor; or
(b) in the Recorder's opinion it is convenient for the administration of this Act that the proprietor should be so described.
(4)  The describing of a person as a trustee in a dealing or in a folio of the Register or certificate of title does not affect the operation of section 41 .
(5)  A registered proprietor who is a trustee shall hold the estate or interest of which he is registered proprietor in trust for the persons and purposes to which it is applicable by virtue of the instrument creating the trust, but for the purpose of a dealing with the estate or interest he shall be deemed to be the absolute proprietor of the estate or interest.


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