Victorian Current Acts

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TRANSFER OF LAND ACT 1958 - SECT 26Q

Notice of creation of folio or removal of warning

S. 26Q(1) amended by No. 42/2017 s. 4(2).

    (1)     The Registrar must cause the notice required to be given to a person under section 15 or 26P in respect of land to be given—

        (a)     by publication at least once in a newspaper circulating in the city of Melbourne or in the district in which the land is situate; and

        (b)     personally or by post—

              (i)     to the occupiers of the land and to the owners and occupiers of contiguous land; and

              (ii)     to such other persons (if any) as the Registrar thinks fit.

    (2)     The Registrar must cause the notice required to be given under section 26O to be given personally or by post to the registered proprietor of the land in the provisional folio.

    (3)     If the folio to be created or the folio from which the warning is to be removed is or was created on the basis of a claim by possession, the Registrar, in addition to the notice under subsection (1), must cause the person who is or is to be the registered proprietor of the land in the folio to be created or from which the warning is to be removed—

        (a)     to post a notice of the proposal in an appropriate approved form on the land or at a place the Registrar directs; and

S. 26Q(3)(b) amended by No. 80/2009 s. 9(1).

        (b)     to keep the notice so posted for not less than 30 days prior to the creation of the folio or the removal of the warning.

S. 26Q(4) amended by No. 80/2009 s. 9(2).

    (4)     A notice under this section must specify a time (being not less than 30 days) after the expiration of which the Registrar may, unless a caveat is lodged forbidding that action, create the relevant folio of the Register for the land or remove the warning from the folio.

S. 26R inserted by No. 85/1998 s. 6.



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