AustLII Tasmanian Consolidated Acts

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LAND TITLES ACT 1980 - SECT 97

Disclaimer or lease under Commonwealth Act

(1)  This section applies to a registered lease where –
(a) the lessee is a bankrupt within the meaning of the Commonwealth Act ;
(b) the trustee, as defined by the Commonwealth Act , has disclaimed the lease pursuant to that Act;
(c) a court having jurisdiction in bankruptcy under that Act has not made an order pursuant to section 133 (9) of the Commonwealth Act vesting the lease in some person other than the lessee; and
(d) no application has been made pursuant to that subsection to such a court, or any application so made has been dismissed.
(2)  A lessor under a lease to which this section applies may, by notice in an approved form, served in an approved manner on a person, other than the bankrupt lessee, who is registered as proprietor of an interest in the lease and any person who, by a caveat, claims to be entitled to an estate in the lease, require that person to state within a time specified for the purpose in the notice whether the person on whom the notice is so served claims the interest of the lessee or claims an interest derived from the lease.
(3)  Subject to subsection (4) , the Recorder may record on the relevant folio of the Register or registered dealing that a lease to which this section applies has been surrendered by operation of law where the lessor applies for such a recording to be made, and –
(a) there is no person, other than the bankrupt lessee, registered as proprietor of an estate or interest in the lease and the lease is not affected by any caveat; or
(b) the lessor lodges with the lessor’s application evidence that notice has been served as provided in subsection (2) upon every person, other than the bankrupt lessee, who appears from the Register to have or to claim an interest in the lease and that a person on whom notice has been so served has not, within the time specified in the notice, claimed the interest of the lessee or (otherwise than as registered proprietor of a sublease) an interest derived from the lease, and any caveat affecting the lease has lapsed or has been withdrawn.
(4)  Before recording a surrender of lease under subsection (3) , the Recorder shall record any sublease claimed pursuant to subsection (2) on the folio of the Register or on the registered dealing, as the case may be, evidencing the title of the lessor, and that folio or registered dealing shall, upon the sublease being so recorded, evidence the title to the reversion expectant on the sublease.
(5)  Where a lease to which this section applies is subject to a registered mortgage, the mortgagee may, by notice in an approved form served in an approved manner on any person, other than the bankrupt lessee, who is registered as proprietor of an interest in the lease and any person who, by a caveat, claims to be entitled to an interest in the lease, require that person to state within a time specified for the purpose in the notice whether the person on whom the notice is so served claims the interest of the lessee or claims an interest derived from the lease.
(6)  Subject to subsection (7) , the Recorder may record on the relevant folio of the Register or registered dealing that a mortgage of a lease to which this section applies has been foreclosed where the mortgagee applies for such a recording to be made (the application being in respect of the whole of the land subject to the mortgage) and –
(a) there is no person, other than the mortgagee and the bankrupt lessee, registered as proprietor of an estate or interest in the lease and the lease is not affected by any caveat; or
(b) the mortgagee lodges with the mortgagee’s application evidence that notice has been served as provided in subsection (5) upon every person, other than the mortgagee and the bankrupt lessee, who appears from the Register to have or to claim an interest in the lease and that a person on whom notice has been so served has not, within the time specified in the notice, claimed the interest of the lessee or (otherwise than as registered proprietor of a sublease) an interest derived from the lease, and any caveat affecting the lease has lapsed or has been withdrawn.
(7)  Before recording a foreclosure of mortgage under subsection (6) , the Recorder shall record on the relevant folio of the Register or registered dealing any sublease claimed pursuant to that subsection that is binding on the mortgagee and that folio or registered dealing shall upon the sublease being so recorded evidence the title to the reversion expectant on the sublease.
(8)  Where a lease to which this section applies is affected by a caveat, an application pursuant to subsection (3) or subsection (6) is, for the purposes of Part IX , a dealing the recording of which is prohibited by the caveat.



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