Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 81RA

81RA .         Other encumbrances in respect of fee simple in Crown land

        (1)         In subsection (2) —

        encumbrance means an encumbrance (as defined in section 4(1)) that is shown on the transfer or other document by which the transfer of Crown land in fee simple is effected.

        (2)         If —

            (a)         the fee simple in Crown land in respect of which an encumbrance is registered is transferred under the Land Administration Act 1997 ; and

            (b)         a certificate of title is created and registered in respect of the fee simple of that former Crown land,

                the encumbrance is by operation of this subsection transferred to and applies to the fee simple when transferred in all respects as if the fee simple had been referred to in the encumbrance until that encumbrance is terminated, withdrawn, discharged, surrendered or expires.

        (3)         This section does not apply to an encumbrance referred to in section 81Q or 81R.

        (4)         This section applies to a transfer effected on or after the coming into operation of the Land Administration Act 1997 .

        [Section 81RA inserted: No. 59 of 2000 s. 51.]



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