Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

TRANSFER OF LAND ACT 1893


TABLE OF PROVISIONS

           Long Title

   PART IA -- Preliminary  

   1.      Short title
            
   2.      Repeals and savings
            
   3.      Application of other laws etc. and this Act
            
   4.      Terms used; application of Act to Crown land
            
   4A.     Sections of this Act that do not apply to Crown land

   PART I -- Officers  

   5.      Commissioner of Titles
            
   6.      Deputy Commissioner of Titles
            
   7.      Registrar of Titles
            
   7A.     Offices of Commissioner and Registrar may be held by one person
            
   8.      Examiner of Titles, Assistant Registrar of Titles
            
   8A.     Designating statutory officers, generally
            
   9.      Certain signatures to be judicially noticed
            
   10.     Seal
            
   11.     Assistant Registrar’s powers
            
   12.     Commissioner and Examiner of Titles not to practise law
            
   13.     Oaths of office
            
   14.     Commissioner and Registrar may exercise functions electronically
            
   15.     Delegation by Commissioner
            
   15A.    Delegation by Registrar
            
   16.     Rules relating to surveyors
            
   17.     Some of Minister for Lands’ functions under this Act may be performed by authorised officer

   PART II -- Bringing land under the Act  

   20.     Bringing lands alienated in fee before 1 July 1875 under this Act
            
   20A.    Evidence and restrictions of requisitions
            
   21.     How application to be dealt with when no dealing has been registered
            
   22.     How application to be dealt with when dealing has been registered
            
   23.     Notice of application to bring land under this Act and rescission of previous directions on undue delay
            
   24.     Person claiming title by possession to post notice of application on land
            
   25.     Land to be brought under this Act unless caveat received
            
   26.     Land occupied may be brought under this Act by different description from that in title on special application
            
   27.     Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate
            
   28.     Title may be given to excess of land occupied under Crown grant over land described in Crown grant
            
   29.     Excess of land may be apportioned between different owners or proprietors
            
   30.     Parties interested may lodge caveat
            
   31.     If caveat received, proceedings suspended
            
   32.     Caveat to lapse unless proceedings taken within one month
            
   33.     Judge may require production of title deeds in support of application to bring land under this Act
            
   34.     Applicant may withdraw application
            
   35.     Documents of title
            
   36.     Subsisting lease to be endorsed and returned
            
   37.     Additional evidence to be scheduled
            
   38.     Some certificates of title to issue in name of deceased person
            
   39.     Registration of leaseholds
            
   42.     Production of lease may be dispensed with on bringing land under this Act
            
   43.     Certain memorials to be sufficient evidence of conveyances in fee
            
   45.     Commissioner may direct Registrar to bring land under this Act
            
   46.     Title to land sold under order or decree may be deemed sufficient
            
   47.     Formalities of order

   PART III -- Certificates of titles and registration  

   48.     Register
            
   48A.    Certificates of title
            
   48B.    Duplicate certificates of title
            
   48C.    Symbols
            
   49.     One certificate may be created for lands not contiguous
            
   50.     Area of land need not be mentioned in certificate
            
   52.     Registration of certificates of title and instruments
            
   53.     Priority of registration of instruments
            
   54.     Incorporation of terms etc. of certain memoranda
            
   55.     Trusts
            
   56.     Memorandum to state certain particulars
            
   57.     Memoranda of instruments to be entered
            
   58.     Instruments not effectual until registered
            
   59.     Notations as to legal disability of proprietor
            
   60.     Joint tenants and tenants in common
            
   61.     Effect of insertion of words “no survivorship”
            
   62.     Notice to be published before effect given to order
            
   63.     Certificate to be conclusive evidence of title
            
   63A.    Certificates may contain statement of easements
            
   64.     Certificate conclusive evidence as to title to easements
            
   65.     Short forms etc. for easements, effect of
            
   65A.    Memorandum of easement
            
   66A.    No separate certificate for easement
            
   67.     Certificate conclusive evidence in suit for specific performance or action for damages
            
   68.     Estate of registered proprietor paramount
            
   69.     Certain easements and conditions to be noted as encumbrances
            
   70.     Reversions expectant on leases
            
   70A.    Factors affecting use and enjoyment of land, notification on title
            
   71.     Single certificate may be created instead of separate ones
            
   71A.    Separate certificates may be created instead of single one
            
   71B.    Replacing duplicate certificates of title
            
   72.     History of dealings to be preserved
            
   74.     Duplicate may be dispensed with in certain cases
            
   74A.    Substitute certificates of title
            
   74B.    New duplicate certificates of title
            
   75.     Where duplicate certificate lost, destroyed or obliterated
            
   76.     Duplicate certificates etc. issued in error etc., powers to recover
            
   77.     Procedure when person summoned etc. under s. 76
            
   78.     Registrar may call in duplicate certificate etc.
            
   79.     Person who fails to bring in duplicate certificate etc. may be brought before Supreme Court
            
   81.     Words of inheritance or succession to be implied

   PART IIIA -- Crown leases  

   81A.    Registration of Crown leases issued on or after 2 May 1910
            
   81B.    Registration of Crown leases issued before 2 May 1910
            
   81C.    Effect of registration
            
   81D.    Registration of transfer etc.
            
   81E.    No foreclosure without consent of Minister for Lands
            
   81F.    Entry of forfeiture
            
   81G.    Crown lessee to be deemed of full age
            
   81H.    Sections of this Act and land Acts that do not apply to Crown leases
            
   81I.    Mortgage of Crown lease to be transferred to Crown grant

   PART IIIB -- Registration and recording in relation to Crown land

           Division 1 -- General  

   81J.    Application of this Part
            
   81K.    Terms used
            
   81L.    Creation and registration of certificates of Crown land title and qualified certificates of Crown land title
            
   81M.    Lodging etc. of management orders
            
   81N.    Crown surveys
            
   81O.    No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued
            
   81P.    Endorsements on certificates of Crown land title and qualified certificates of Crown land title
            
   81Q.    Leases and subleases of Crown land, registration of
            
   81R.    Profits à prendre, registration of
            
   81RA.   Other encumbrances in respect of fee simple in Crown land
            
   81S.    Prerequisites to registering dealings as to Crown land
            
   81T.    Registered proprietors etc. protected against ejectment except in certain cases

           Division 2 -- Transitional  

   81U.    Registrar may accept for registration signed and stamped duplicate original documents
            
   81V.    Minister for Lands may apply for cancellation, creation etc. of certificates of Crown land title etc.
            
   81W.    Procedure when applications referred to Commissioner
            
   81X.    Procedure on lodging of caveat under s. 81W(6)
            
   81Y.    Registrar’s duties when applications made under s. 81V(1)(a) granted
            
   81Z.    Registrar’s duties when applications made under s. 81V(1)(b) granted
            
   81ZA.   Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists
            
   81ZB.   Qualified certificates of Crown land title, general matters
            
   81ZC.   Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc.
            
   81ZD.   Registrar may convert Crown leases into leases registered under s. 81Q

   PART IV -- Dealings with land

           Division 1 -- Transfers  

   82.     Transfers
            
   83.     Transfer to include right to sue thereunder
            
   84.     Transfers may be to proprietor and others jointly etc.
            
   85.     Signed and registered instruments have efficacy of deeds
            
   86.     Duplicate certificate to be delivered to Registrar on transfer
            
   87.     Total transfer by endorsement on paper title or by entering transferee’s name on digital title
            
   88.     Transferee of encumbered land to indemnify transferor
            
   88A.    Memorial of easements to be registered

           Division 2 -- Leases and subleases  

   91.     Leases
            
   92.     Covenants by lessee implied in leases
            
   93.     Lessor’s powers implied in leases
            
   94.     Short forms of covenants by lessees
            
   95.     Covenant to be implied on transfer of lease
            
   96.     Recovery of possession by lessors to be entered in Register
            
   97.     Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply
            
   98.     Surrendering leases
            
   99.     Lessee may sublet
            
   100.    Registration of subleases
            
   102.    Provisions about leases apply to subleases
            
   103.    Covenants implied in subleases
            
   104.    Determination of lease or sublease by re-entry to be entered in Register

           Division 2A -- Carbon rights and carbon covenants  

   104A.   Terms used
            
   104B.   Registration of carbon right form
            
   104C.   Extension of carbon right
            
   104D.   Transfer of carbon right
            
   104E.   Mortgage of carbon right
            
   104F.   Surrender of carbon right
            
   104G.   Registration of carbon covenant form
            
   104H.   Extension of carbon covenant
            
   104I.   Variation of carbon covenant
            
   104J.   Transfer of benefits under carbon covenant
            
   104K.   Mortgage of carbon covenant
            
   104L.   Surrender of carbon covenant

           Division 2B -- Tree plantation agreements and plantation interests  

   104M.   Terms used
            
   104N.   Registration of tree plantation agreement
            
   104O.   Extension of plantation interest
            
   104P.   Variation of agreement
            
   104Q.   Transfer of plantation interests
            
   104R.   Mortgage of plantation interests
            
   104S.   Surrender of plantation interests

           Division 3 -- Mortgages and annuities  

   105.    Mortgages and charges for annuities, creating
            
   105A.   Extension of mortgage, charge or lease
            
   106.    Mortgage or charge not to operate as transfer; default procedures
            
   107.    Written demand equivalent to written notice
            
   108.    Power to sell in cases of continuing default
            
   109.    Application of purchase money
            
   110.    Transfer after sale by mortgagee etc., effect of
            
   111.    Remedies of mortgagee or annuitant in cases of default
            
   112.    Further remedies of mortgagee or annuitant
            
   112A.   Abolition of power of distress
            
   113.    Covenants implied in mortgages
            
   114.    Mortgagee or annuitant of leasehold entering into possession become liable to lessor
            
   115.    Short form of covenant by mortgagor to insure
            
   116.    Rights of mortgagees generally
            
   117.    Mortgagor not to sue on cause of action available to mortgagee without mortgagee’s consent
            
   118.    Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands
            
   119.    Mortgagee may seek court order as to money recovered by mortgagor in action
            
   120.    Application of moneys obtained by mortgagee in action
            
   121.    Foreclosure, application for order for
            
   122.    Application for foreclosure to be advertised
            
   123.    Discharge of mortgages and annuities
            
   124.    Mortgages etc. made before land brought under this Act
            
   125.    Entry of satisfaction of annuity
            
   126.    Payments under and discharge of mortgages when mortgagee absent from State etc.
            
   127A.   Subsequent mortgages or charges
            
   127.    First mortgagee to produce title for registration of subsequent instrument
            
   128.    Land brought under this Act subject to mortgage, rights of mortgagee etc.
            
   128A.   Another mortgagee may tender payment

           Division 3A -- Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements  

   129A.   Creation of restrictive covenants
            
   129B.   Discharge and modification of restrictive covenants
            
   129BA.  Restrictive covenants benefiting local governments and public authorities
            
   129BB.  Discharge and modification of s. 129BA covenants
            
   129C.   Supreme Court’s powers as to easements etc.

           Division 4 -- Miscellaneous  

   130.    Seal of corporation substitute for signature
            
   131.    Implied covenants and powers may be modified or negatived
            
   133.    Property (seizure and sale) order, registration of etc.
            
   134.    Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc.
            
   135.    Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer
            
   136.    Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land

   PART IVA -- Creation of easements and restrictive covenants by notations on subdivision plans and diagrams  

   136A.   Term used: plan
            
   136B.   Application of this Part
            
   136C.   Notation of easements on subdivision plans
            
   136D.   Notation of restrictive covenants on subdivision plans
            
   136E.   Consent of certain persons required to creation of easements and restrictive covenants
            
   136F.   When easements and restrictive covenants under this Part have effect
            
   136G.   Easements and restrictive covenants under this Part may be effective for specified term only
            
   136H.   Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor
            
   136I.   Recordings in Register
            
   136J.   Discharge and modification of easements and restrictive covenants under this Part

   PART V -- Caveats  

   136K.   Term used: section 138A caveat; application of this Part
            
   137.    Lodging caveats for land already under this Act
            
   138.    Consequences of lodging caveat
            
   138A.   Caveats to which s. 138B to 138D apply
            
   138B.   Requiring caveator to seek court order extending s. 138A caveat
            
   138C.   Supreme Court’s powers on application by caveator
            
   138D.   Restrictions on caveators lodging further s. 138A caveats
            
   139.    Effect of caveats
            
   140.    Compensation for caveat lodged without reasonable cause
            
   141.    Registrar’s duties when caveat lodged or lapses
            
   141A.   Requiring caveators to withdraw caveats or substantiate their claims
            
   142.    Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases

   PART VI -- Powers of attorney and attestation of instruments  

   143.    Powers of attorney, creation and filing of
            
   144.    Powers of attorney, effect of
            
   145.    Signatures on documents, witnessing requirements

   PART VII -- Search certificates and stay orders  

   146.    Finding out whether proprietor is free to deal with land
            
   147.    Person issued search certificate under s. 146 entitled to inspect certificate of title
            
   148.    Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear
            
   149.    Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s. 148
            
   150.    Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s. 149

   PART VIII -- Surveys, plans, parcels and boundaries  

   151.    Crown survey boundaries as marked on ground are true boundaries
            
   152.    Crown grant or lease conveys land within survey boundaries
            
   153.    Aliquot parts of Crown section having excess of area
            
   153A.   Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc.
            
   154.    How boundaries may be proved in absence of survey marks
            
   155.    Margin of error allowed in description of boundaries
            
   156.    Commissioner may require special survey of land
            
   157.    Commissioner may require accuracy of survey to be verified
            
   158.    Commissioner may disregard minute errors of dimensions
            
   159.    Excess land may be apportioned between different owners or proprietors
            
   160.    Commissioner’s powers where boundaries unclear in subdivision
            
   161.    Plan to be made of subdivision proposed under s. 160
            
   162.    Subdivision proposed under s. 160 to be advertised etc.
            
   163.    Finalised subdivision, verification and effect of plan of
            
   164.    Public notice to be given of finalised subdivision and plan
            
   165.    Expense of survey ordered under s. 160, how paid
            
   166.    New certificates of title on subdivision of land
            
   166A.   Subdivisions of Crown land
            
   166B.   Subsidiary certificates of Crown land title
            
   167.    Number of allotment on plan of subdivision sufficient description for purposes of dealing
            
   167A.   Rights of way generally not public ways or thoroughfares
            
   168.    Abuttals may be used in description of land in certificate
            
   169.    Objects which may constitute abuttals

   PART IX -- Amendment of certificates and amendment or replacement of graphics  

   169A.   Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land
            
   170.    Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate
            
   171.    Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him
            
   172.    Form of application under s. 170 or 171
            
   173.    How application under s. 170 or 171 to be dealt with
            
   174.    Notice of s. 170 or 171 application to be given to owners etc. of adjourning land affected by it
            
   175.    Notice of s. 170 or 171 application to be published and publicly displayed
            
   176.    Person opposing s. 170 or 171 application may lodge caveat
            
   177.    Applications under s. 170, 171 or 20 may be granted although other certificates may be affected
            
   178.    On granting application other certificates, relevant graphics and duplicate certificates may be amended, replaced or reissued

   PART X -- Special powers and duties of the Commissioner and Registrar  

   180.    Commissioner may summons people to provide information
            
   181A.   Commissioner and Registrar may require supporting documentation or evidence or verification
            
   181B.   Commissioner and Registrar may require verification by statutory declaration
            
   181.    Regulations
            
   182AA.  Prescribed fees may exceed cost recovery
            
   182AB.  Expiry of s. 182AA
            
   182A.   Commissioner and Registrar may determine requirements
            
   182B.   Publication of requirements
            
   182.    Orders vesting trust estate
            
   183.    Commissioner may make vesting order in cases of completed purchase
            
   184.    Encumbrances which no longer affect title, powers to deal with
            
   187.    Appointment of executor, administrator or Public Trustee, entry on Register and effect
            
   188.    Powers of Registrar
            
   189.    Registrar may correct apparent errors in instruments without direction of Commissioner
            
   190.    Money received by Registrar
            
   191.    Registrar may demand prescribed fees
            
   192A.   Registrar entitled to assume that lodging party has certain authorities from other interested parties
            
   192B.   Registrar may refuse lodgment for non-compliance with certain requirements
            
   192C.   Commissioner may refuse to take action if requirements not complied with
            
   192D.   Registrar may refuse registration, noting or recording for non-compliance with requirements
            
   192E.   Notice of non-compliance under s. 192D
            
   192.    Defective documents, rejection of
            
   193.    Power to state case for Supreme Court

   PART XI -- Restrictions on, and recovery of, payments of compensation by State  

   195.    Moneys paid by State under s. 201 may be recovered
            
   196.    State not liable in certain cases

   PART XII -- Actions and other remedies  

   198.    Officers not to be liable for acts done bona fide
            
   199.    Registered proprietor protected against ejectment except in certain cases
            
   200.    Court may direct cancellation of certificate or entry in Register in certain cases
            
   201.    Compensation of person deprived of land
            
   202.    Purchasers protected
            
   203.    Owner may require Commissioner or Registrar to substantiate decision before Supreme Court
            
   204.    Cost of summons and proceedings under s. 203 to be in discretion of court
            
   205.    Actions for damages may in some cases be brought against Registrar as nominal defendant
            
   206.    Actions for damages for loss due to inaccurate survey
            
   207.    Actions for damages in certain other cases
            
   208.    Claims for damages may be made to Commissioner before commencing court action
            
   209.    Notice of action to be served
            
   210.    Damages etc. awarded to be charged to Consolidated Account
            
   211.    Limitation of actions
            
   212.    Rules of Supreme Court to apply and same right of appeal as in ordinary actions
            
   213.    Obligation to make discovery not excluded

   PART XIII -- Offences  

   214.    Offences
            
   214A.   Effect of fraud

   PART XIV -- Miscellaneous  

   219.    Person entitled under will etc. may apply to be registered
            
   220.    Application under s. 219, how dealt with
            
   221.    Remainder-man or reversioner may apply to be registered
            
   222.    Person claiming title under statute of limitations may apply to be registered
            
   223.    Application under s. 222, how dealt with
            
   223A.   Caveat against application
            
   227.    Survivor of joint proprietors may apply to be registered
            
   228.    Proprietors and transferees for time being to stand in place of previous owners
            
   229.    Proprietor’s name, use of in court action by beneficiary etc.
            
   229A.   Easement not used or enjoyed for 20 years, removal of
            
   229B.   Orders made under s. 229A, effect of
            
   230.    On s. 20 applications, easements not used for 20 years or more may be omitted from certificate
            
   231.    Buildings on public roads etc. in Perth or Fremantle for 20 years or more
            
   232A.   Effect of dealing with duplicate certificate of title in accordance with requirements as alternative to production
            
   232B.   Effect of using alternative means to provide consent, permission or approval
            
   232.    Receipt for documents lodged
            
   233.    Pending actions etc. not to affect dealings
            
   234.    Trustees etc. of bankrupts etc. may apply to be registered
            
   235.    Bankruptcy of proprietor not to affect dealings until s. 234 application or caveat lodged
            
   236.    Tenant in tail
            
   237.    Conditions of sale in Twenty-sixth Schedule, adoption of
            
   238.    Forms may be modified
            
   238A.   Registrar’s copy to be definitive
            
   238B.   Resubmission of document lodged electronically if data capture defective
            
   239.    Inspection of Register and related documents; obtaining copies and print-outs
            
   239B.   Evidentiary documents as to current and historical matters
            
   240.    Service of notices
            
   240A.   Notification of change of address, fax number or way of receiving notices electronically
            
   242.    Interests disposed of or created by court order etc., registration of
            
   243.    Revesting of land held by Crown in fee simple as Crown land

   PART XV -- Transitional provisions for Electronic Conveyancing Act 2014  

   244.    Term used: amending Act
            
   245.    Transitional provision for s. 52(2)
            
   246.    Transitional provision for s. 105(4)
            
   247.    Transitional provision for s. 182A (requirements)
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           NINTH SCHEDULE
           TENTH SCHEDULE
           TWELFTH SCHEDULE
           

[Reprinted under the Reprints Act 1984 as at 8 January 2016 [Heading inserted by No. 19 of 2010 s. 43(2).]]

Compilation table


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback