(1)  If, on application to the Recorder, it is proved to the Recorder’s satisfaction that the applicant–

(a) is in possession of registered land and no claim to recover the land has been made by the registered proprietor of that land or the registered proprietor’s heirs, personal representatives or assigns; and

(b) is entitled in equity and good conscience to be registered as proprietor of an estate in fee simple in the land in consequence of a sale of the land; and

(c) is unable to obtain a transfer of the land from the registered proprietor of the land because the registered proprietor is dead or residing out of Tasmania or cannot be found or for any reason it is impracticable to obtain the registered proprietor’s signature within a reasonable time–

the Recorder may, if in the Recorder’s opinion the case can properly be dealt with under this section rather than by an application under section 138W , make an order vesting the land in that person for an estate in fee simple.

(1A)  An order under subsection (1) may be made only with respect to the whole of the land described in a folio of the Register.

(2)  Where the sale referred to in subsection (1) was not made by the registered proprietor, the Recorder must not make an order under that subsection unless –

(a) at least 15 years have elapsed since the sale; and

(b) at least 15 years have elapsed since the last registration on the folio of the Register constituting the title to the land of a transfer, mortgage, encumbrance or lease.

(3)  An order made under subsection (1) vests the land in the applicant subject to registered easements and other registered interests, except that it may vest the land free from any mortgage or encumbrance which could be discharged under section 91 if evidence satisfactory to the Recorder is produced.

(4)  The Recorder may –

(a) reject an application under subsection (1) wholly or in part; or

(b) make such requisitions as to the title claimed to be acquired, or as to any other matter relating to the application, as the Recorder thinks fit.

(5)  The Recorder, if the Recorder does not reject an application under subsection (1) , must –

(a) direct that notice be given in a form approved by the Recorder in at least one newspaper that is published, and circulating generally, in Tasmania and that is available in the locality in which the relevant land is situated; and

(b) state in the notice that on the expiration of 30 days after the date of that notice the Recorder may make and register a vesting order in favour of the applicant.

(6)  The notice is to be given to every person appearing by the Register to have any estate or interest in the land, or in any mortgage or encumbrance recorded on the folio of the Register relating to that land.

(7)  An applicant under subsection (1) must cause a copy of the notice to be posted in a conspicuous place on the land or at such place as the Recorder may direct and to be kept so posted for not less than 30 days before the granting of the application.

(8)  The notice is to appoint a time, not less than 30 days from the advertisement or service of the notice at or after the expiration of which the Recorder, unless a caveat is lodged forbidding it, may make a vesting order as provided in this section.

(9)  At any time before making a vesting order under this section, the Recorder may, notwithstanding any direction previously given by the Recorder as to the application under subsection (1) , reject the application wholly or in part if the applicant fails to comply to the Recorder’s satisfaction with any requisition made or direction given by the Recorder.

(10)  On making a vesting order under this section, the Recorder –

(a) must make such recordings, cancellations and corrections in the Register as the Recorder considers necessary to give effect to the vesting order and to register the person in whom the order vests the land as proprietor of the land; and

(b) may call in any certificates of title and grants for the making of those recordings, cancellations and corrections.