AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 138X

Power of Recorder to make vesting order

(1)  Subject to section 138W , the Recorder may make an order vesting in the applicant under this Division the legal estate which the applicant would have acquired, if the land had not been registered land, free from –
(a) all estates and interests recorded on the folio of the Register or registered dealing evidencing title to the land which would have been determined or extinguished by the applicant's possession of the land; and
(b) any mortgage or encumbrance which could be discharged under section 91 if evidence satisfactory to the Recorder is produced; and
(c) any registered easement or profit à prendre which –
(i) is not an easement or profit à prendre created by a plan sealed under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; or
(ii) has been proved to the Recorder's satisfaction to have been abandoned –
but subject to any restrictive covenant notified on that folio or registered dealing.
(2)  For the purposes of subsection (1) , the Recorder may treat evidence of failure to use an easement or a profit à prendre for a period of not less than 20 years as conclusive evidence that the easement or profit à prendre has been abandoned.
(3)  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 making those recordings, cancellations and corrections.
(4)  Where the registered proprietor whose registration is to be cancelled under subsection (3) is –
(a) a legal owner referred to in section 13(2) of the Limitation Act 1974 ; or
(b) a trustee referred to in section 13(3) of that Act –
the registered proprietor’s right to recover the land is not extinguished, notwithstanding the registration as proprietor of the applicant under this Division, or any person deriving title under the registered proprietor otherwise than as a purchaser in good faith for value, so long as any other person has a right under section 13 of that Act to recover the land.
(5)  The Recorder may, if the Recorder thinks fit, by reason of the imperfect nature of the evidence of title or otherwise, make a vesting order under this section subject to the condition that the title vested is to be a qualified title as mentioned in Division 4 of Part III .



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