Victorian Current Acts

TRANSFER OF LAND ACT 1958

TABLE OF PROVISIONS

   1.      Short title and commencement  
   3.      Application of other laws etc.  
   4.      Definitions  

   PART I--THE OFFICE OF TITLES

   5.      Registrar of Titles  
   6.      Certain signatures to be judicially noticed  

   PART II--BRINGING LAND UNDER THE ACT

           Division 1--General

   8.      Land granted by Crown to be subject to this Act  
   9.      Bringing land under the Act  
   10.     Who may bring land under this Act?  
   11.     Leased land may be brought under the Act  

           Division 2--On legal practitioner's certificate

   12.     Choice of conversion schemes  
   14.     Application (non-survey) conversion scheme  
   15.     Application (survey) conversion scheme  
   16.     Legal practitioner's certificate  
   17.     Act to apply to conversion scheme land  
   18.     Power of Registrar to create folio for conversion scheme land and require assurance contribution  
   19.     In whose name title to issue  
   20.     Removal of warning relating to subsisting interests  
   21.     Removal of warnings relating to title  

           Division 3--Without legal practitioner's certificate

   22.     Lodgment of specified dealing  
   23.     Application for creation of provisional folio  
   24.     Creation of provisional folio  
   25.     Warning as to subsisting interests  
   26.     Warning as to title dimensions  
   26A.    In whose name provisional folio created  
   26B.    Lodgment of competing interest  
   26C.    Removal of warning as to subsisting interests—general  
   26E.    Creation of identified folio  
   26F.    Recording of interests on identified folio  
   26G.    Effect of recording of interest on identified folio  
   26H.    Interests in identified folio subject to subsisting interests  
   26I.    Priority of interests  

           Division 4--General provisions applying to conversion under this Part

   26J.    Search of title  
   26K.    Warnings on provisional folios  
   26L.    Land in a provisional folio cannot be subdivided or consolidated  
   26M.    Mortgages  
   26N.    Notice of creation of ordinary folio or provisional folio for land in identified folio  
   26O.    Notice of creation of folio under Division 2 for land in provisional folio created under Division 3  
   26P.    Removal of warning relating to title dimensions  
   26Q.    Notice of creation of folio or removal of warning  
   26R.    Caveats  
   26S.    Registrar's discretions  
   26T.    Documents lodged in support of application  
   26U.    Notice of creation of folio  
   26V.    Recording of instruments affecting land  
   26W.    Requirement to Registrar to bring land under this Act  
   26X.    Registrar may bring land under this Act  
   26Y.    Provisional folio becomes ordinary folio after 15 years  

   PART III--THE REGISTER

   27.     Register of land  
   27A.    Recordings in the Register  
   27AB.   Verification of identity  
   27B.    Certificates of title  
   27BAA.  Declaration voiding certificates of title  
   27BA.   Power not to destroy certain certificates of title  
   27C.    Record of dealings  
   27D.    Evidence  
   27F.    Construction of references  
   27G.    Record of plans  
   28.     Creation of folio of the Register  
   29.     Registration of grants and certificates  
   30.     Joint proprietors  
   31.     Lost grant or certificate etc.  
   32.     Issue of new certificate of title  
   33.     Instruments when registered  
   34.     Instruments entitled to priority according to date of lodgment for registration  
   34A.    Dealings may be registered together  
   37.     Entry of trusts in Register  
   38.     Grants and certificates endorsed "no survivorship"  
   39.     Dealings registered prior to issue of Crown grant  
   40.     Instruments not effectual until registered  
   41.     Certificate to be conclusive evidence of title  
   42.     Estate of registered proprietor paramount  
   43.     Persons dealing with registered proprietor not affected by notice  
   44.     Certificate etc. void for fraud  

   PART IIIB--REGISTRY INSTRUMENTS

   44O.    Powers of Registrar  
   44P.    Duty of Registrar in relation to priority of registry instruments  
   44Q.    ELN malfunction  
   44R.    Evidence of registry instruments  
   44S.    Electronic certification of registry instrument  

   PART IV--REGISTRATION OF DEALINGS WITH LAND

           Division 1--Transfers

   45.     Form of transfer  
   46.     Transfer to include right to sue  
   47.     Power to Registrar to make a vesting order in cases of completed purchase  

           Division 2--Transmissions

   49.     Registration of personal representatives  
   50.     Registration of survivor of joint proprietors of fee simple lease mortgage etc.  
   51.     Registration of trustee of bankrupt  

           Division 3--Sales by sheriff etc.

   52.     Sale under writ of fieri facias or decree of Supreme Court etc.  

           Division 4--Acquisition by statute, order of Court etc.

   53.     Acquiring authority  
   54.     Issue of certificates of title in respect of lands vested in acquiring authority  
   55.     Registrar to make necessary cancellations entries etc.  
   56.     Acquiring authority to be responsible to persons injured by issue of certificate etc.  
   57.     Notice to be given to Registrar of intention to acquire land compulsorily  
   58.     Registrar to give effect to order vesting trust estate  
   59.     Application to become registered proprietor by person who land is vested in by Act or court order  
   59A.    Amendment of Register to reflect successor at law  

           Division 5--Acquisition by possession

   60.     Application for order by person claiming title by possession  
   61.     Caveat  
   62.     Power to make vesting order  

           Division 7--Leases

   66.     Leases  
   67.     Covenants to be implied in leases  
   67A.    Variation of registered leases  
   68.     Foreclosure or surrender of mortgaged lease where lessee is bankrupt  
   69.     Surrender of lease  
   70.     Recovery of possession by lessors and determination of leases to be entered in Register  
   71.     Sub-leases  

           Division 8--Easements

   72.     Notification of easements in Register  
   73.     Removal of easement etc.  
   73A.    Abandonment of easement of right of way  
   73B.    Right of carriageway  

           Division 9--Mortgages and annuities

   74.     Creation and nature of mortgages and charges  
   75.     Covenants to be implied in every mortgage  
   75A.    Variation of registered mortgage  
   75B.    Variation of priority of mortgages and charges  
   76.     Procedure in case of default in payment of moneys secured  
   77.     Power of sale under a mortgage or charge  
   78.     Power to mortgagee or annuitant to enter into possession or bring ejectment  
   79.     Foreclosure  
   81.     Other rights etc. of first mortgagee  
   82.     Application of moneys obtained from actions by the mortgagor  
   83.     Application of moneys obtained in proceedings by a mortgagee  
   84.     Discharge of mortgages and annuities  
   85.     Mortgage money payable to Treasurer if mortgagee absent from Victoria and mortgage discharged  
   86.     First mortgagee to produce certificate of title for registration of subsequent instrument  
   87.     Puisne mortgagee may tender payment  
   87A.    Mortgagee to verify identity of mortgagor for execution of mortgage or variation of mortgage  
   87B.    Transfer of mortgage—transferee to confirm, or verify, identity of mortgagor  
   87C.    Mortgagee or annuitant consent required for lease, easement or restrictive covenant  
   87D.    Registered proprietor in case of fraudulent mortgage  
   87E.    Amount recoverable by mortgagee under section 77 in case of fraudulent mortgage  

           Division 10--Restrictive covenants, charges etc.

   88.     Notification of restrictive covenants  

           Division 11--Mortgagee or annuitant may apply for removal or reinstatement of a lease, easement or restrictive covenant

   88A.    Mortgagee or annuitant may apply for removal or reinstatement of lease if no consent  
   88B.    Mortgagee or annuitant may apply for removal, or removal of a variation, of easement or restrictive covenant if no consent  

   PART V--INCIDENTAL PROVISIONS

           Division 1--Caveats against dealings

   89.     Caveats temporarily forbidding dealings with lands  
   89A.    Removal of caveat on application to Registrar  
   90.     Except in certain cases caveat to lapse after thirty days notice given to caveator  
   91.     No entry to be made in Register affecting land in respect of which caveat in force  

           Division 1A--Recorded common provisions

   91A.    Recording of common provisions  
   91B.    Incorporation of common provisions  

           Division 1B--Priority notices

   91C.    Priority notice  
   91D.    Lodgement of priority notice  
   91E.    Instruments lodged after priority notice  
   91F.    Certain instruments not affected by priority notice  
   91FA.   Extension of priority notice  
   91G.    Expiry or withdrawal of priority notice  
   91H.    Instrument lodged must match instrument described in any applicable priority notice  
   91I.    Proceedings may be brought by a person adversely affected by priority notice  
   91J.    Compensation for lodging priority notice without reasonable cause  

           Division 2A--Client authorisation

   91K.    Client authorisations  
   91L.    Effect of client authorisation  

           Division 2B--Signatures

   91M.    Reliance on, and repudiation of, signatures  

           Division 3--Powers of attorney

   94.     Powers of attorney and revocation thereof  

           Division 4--Surveys and subdivisions

   95.     Requirements as to surveys  
   96.     Abuttals used in description of land  
   97.     Requirements as to plans of subdivision etc.  
   97A.    Application for approval of plan of consolidation  
   98.     Easements arising from plan of subdivision  
   98A.    As to relationship between title to stratum estate and shares in service company etc.  
   98B.    Restriction on amendment of memorandum articles or rules affecting shares in service company  
   98C.    Registration of service agreement  
   98CA.   Conversion of building subdivisions  
   98CB.   Procedure if Registrar is satisfied that plan is suitable for registration  
   98CC.   Cancellation of plan of building subdivision and registration of the plan of subdivision  
   98CD.   Effect of registration of plan of subdivision  
   98CE.   Power of courts to consent or dispense  
   98CF.   Special provisions  

           Division 4A--Share interests

   98D.    Issue of certificates of title for share interests  

           Division 5--Amendment of the Register etc.

   99.     Application by proprietor for amendment of Register  
   100.    Caveats  
   101.    Grant of application  
   102.    Adjustment of discrepancies in boundaries  
   103.    General provision as to correction of errors etc.  

           Division 6--General powers of Registrar

   104.    Registrar may require documents and information  
   105.    Registrar to refuse registration if documents or evidence not supplied  
   106.    Powers of Registrar  
   106A.   Registrar's requirements for paper conveyancing transactions  
   106B.   Notice of a statutory charge  
   106C.   Application to Registrar under other Act  

   PART VI--GENERAL

           Division 1--Financial

   107.    Application of fees and penalties  
   108.    Fees to be paid under Act  
   109.    Application of Consolidated Fund  
   110.    Entitlement to indemnity  
   111.    Application to Registrar for indemnity without bringing action  

           Division 2--Miscellaneous

   112.    Implied covenants and powers  
   113.    Service of notices  
   114.    Inspection of Register and record of dealings  
   114A.   Destruction of unwanted documents  
   115.    Registrar to deal with lodging party  
   116.    Summoning Registrar to show cause  
   116A.   Application to Court for order requiring production of document  
   117.    Officers not to be liable for acts done bona fide  
   118.    Compensation for lodging caveat without reasonable cause  
   119.    Offences and penalties  
   120.    Regulations  
   121.     Approved forms  
   122.    Information required by other authorities  

   PART VII--TRANSITIONAL

   123.    Mortgages under general law deemed to be mortgages under this Act  
   124.    Limited folios and qualified folios  
   125.    Search of title  
   126.    Reconstruction of references to Registrar-General  
   127.    Duplicate Crown grants for Crown leases  
   128.    Contracts entered into before amendment of Seventh Schedule  
   129.    Creation of certificate of title—transitional provision  
   130.    Contracts referring to Table A—transitional provision  
   131.    Transitional Provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009  
           FIFTH SCHEDULE
           SCHEDULE 5A
           FIFTEENTH SCHEDULE
           ENDNOTES