Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 81I

81I .         Mortgage of Crown lease to be transferred to Crown grant

        (1)         Where the holder of a Crown lease has executed a mortgage thereof, either before or after the commencement of the Transfer of Land Act Amendment Act 1911 , and the holder for the time being under the provisions of such Crown lease becomes entitled to a Crown grant in fee simple of the land comprised in and demised by such lease, the mortgage shall, by the operation of the Transfer of Land Act Amendment Act 1911 , be transferred and apply to such Crown grant, and to the land thereby granted, in all respects as if such Crown grant had been referred to in the mortgage, and a memorandum of such mortgage shall be endorsed by the Registrar of Titles as an encumbrance on such Crown grant and in the Register on his registering such grant, and a memorandum stating the fact of such transfer shall also be made by the Registrar of Titles on the instrument of mortgage.

        (2)         This section shall be deemed to have been in operation from the commencement of the Transfer of Land Act Amendment Act 1909 .

        [Section 81I inserted: No. 26 of 1911 s. 2 (as amended: No. 17 of 1950 s. 75); amended: No. 81 of 1996 s. 55.]

        [Heading inserted: No. 31 of 1997 s. 104(1).]

        [Heading inserted: No. 31 of 1997 s. 104(1).]



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