Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 242

242 .         Interests disposed of or created by court order etc., registration of

        (1A)         Where by the operation of any statute or statutory or other power or by virtue of any vesting order of any court or judge or tribunal or an order appointing a person to convey or of a vesting declaration appointment or other assurance an interest in land under this Act being an interest capable of being registered is disposed of or created the registered proprietor shall subject to proper provision being made for payment of costs, be bound to give effect to the disposition.

        (1B)         If the registered proprietor is unable or refuses to make the requisite transfer or other disposition under this Act or cannot be found or if for any other reason a transfer or other disposition by him under this Act cannot be obtained within a reasonable time then the Registrar upon the direction of the Commissioner may give effect thereto in the Register by making an entry therein containing such particulars relating to such disposition as he may consider necessary.

        (1C)         The disposition shall take effect in like manner as nearly as may be as if it had been made by the registered proprietor by transfer or other registered disposition.

        (1D)         Nothing in subsections (1A) to (1C) shall prejudicially affect the rights of a personal representative in relation to the estate of the deceased.

        (2)         This section shall apply whether the disposition to which the registered proprietor is bound to give effect subject as aforesaid is made before or after the commencement of this Act.

        (3)         This section shall not apply in those cases in which other provision has been made for giving effect in the Register to any disposition.

        (4)         In this section, except where a contrary intention appears —

        disposition includes a disclaimer surrender or release; and

        registered disposition means a disposition which takes effect under the powers conferred by this Act on the registered proprietor of land by way of transfer, lease, mortgage, charge, carbon right, carbon covenant or tree plantation agreement or otherwise.

        [Section 242 inserted: No. 17 of 1950 s. 70; amended: No. 81 of 1996 s. 145(1); No. 56 of 2003 s. 21; No. 19 of 2010 s. 51; No. 32 of 2018 s. 266.]