AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 61

Sale under writ

(1)  In this section, writ means –
(a) a writ of fieri facias issued out of the High Court of Australia or out of the Supreme Court;
(b) a writ enforcing a judgment or order issued under the Magistrates Court (Civil Division) Act 1992 ; or
(c) a direction, decree, or order of the High Court of Australia, the Supreme Court, the Family Court of Australia, or any court of competent jurisdiction directing or authorizing the sale of any estate or interest in land.
(2)  No execution of any writ shall bind, charge, or affect any estate or interest in registered land except within the period of 90 days after it has been recorded in accordance with subsection (3) .
(3)  The Recorder, pursuant to an application in an approved form which –
(a) is accompanied by a copy of a writ;
(b) identifies, by reference to a folio of the Register or to a registered dealing, the land sought to be affected by that writ; and
(c) incorporates, or is supported by, a statutory declaration that, to the Recorder's satisfaction, identifies the judgment debtor named in the writ with the registered proprietor of the land comprised in that folio or registered dealing –
shall record the writ on that folio or registered dealing.
(4)  Subject to this section, where a writ recorded pursuant to subsection (3) is executed by sale of all or part of the land to which the recording relates, and a transfer pursuant to the sale is lodged for registration within 90 days after that recording, the Recorder shall register the transfer, notwithstanding that a dealing with the land by the registered proprietor has already been lodged for registration, and for that purpose may call in the relevant certificate of title, if any, or duplicate registered dealing, if any, or use the certificate of title or duplicate registered dealing if it is in the Recorder’s possession.
(5)  After a writ has been recorded pursuant to subsection (3) , the Recorder shall not register on that folio or registered dealing a dealing executed by the registered proprietor of the folio or registered dealing until –
(a) a period of 90 days has elapsed since the writ was so recorded; or
(b) satisfaction of the writ has been registered.
(6)  After a writ is issued but before it is recorded in accordance with subsection (3) , a person dealing with the registered proprietor or with a mortgagee or encumbrancee exercising a power of sale may lodge a transfer for registration and, if that transfer is registered, the person is entitled to take the person’s interest in priority even if the person had actual or constructive notice of the issue of the writ.
(7)  The Recorder, on such evidence as the Recorder considers sufficient, may record on the relevant folio of the Register or registered dealing the satisfaction of any writ recorded under this section, and upon the satisfaction of any writ being recorded that writ shall cease to bind, charge, or affect the estate or interest sought to be affected by the writ.
(8)  On the expiration of 90 days after a writ has been recorded in accordance with subsection (3) , and if no transfer pursuant to a sale under the writ has within that period been lodged for registration –
(a) the writ ceases to bind, charge, or affect the estate or interest sought to be affected by the writ; and
(b) the Recorder may cancel the recording of the writ.
(9)  For the purposes of calculating time under this section, a writ which is recorded pursuant to subsection (3) shall be deemed to have been recorded on the day on which the application to record it was lodged with the Recorder.



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