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The land transfer laws of Australasia: being the full text with side notes ... online

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numbered in the plan of the (district township or county) of

as delineated on the public maps of the Colony deposited in the
Survey OflSce Sydney And I do further declare that I am not aware of any
mortgage incumbrance or claim affecting the said land or that any person
hath any claim estate or interest in the said land at law or in equity in
possession or in expectancy other than is set forth and stated as follows
that is to say (iere state partieulars qf mortgages eneumbranees dower or



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NEW SOUTH WALES SEAL PEOPEETY ACT— No. 1. 48

(^her iniereH to which the land may he subject) And I further declare
that there is no person in possession or occupation of the said lands
adyersely to my estate or interest therein and that the said land is now
{here state name and 'description of occupier or that the land is unoccupied)
and that (here state the names and addresses of owners and occupiers of
lands contiguous thereto) and that there are no deeds or instruments of
title affecting such land in my possession or under my control other than
those enumerated in the Schedule hereto or at foot hereof And I make
this solemn declaration conscientiously belicTing the same to be true
Dated at this day of 18 Made and subscribed

by the above-named this day of in the presence of

me Segistrar-General or Justice of the Peace. I A.B. the above

declarant do hereby apply to have the piece of land described in the above
declaration brought under the provisions of the Eeal Property Act. Dated
at this day of 188 Witness to signature —

CD.

B.

Oaveat forbidding Lands to he hrought under the Beat Property Act,

Take notice that I of claiming estate or interest

(here state the nature of the estate or interest claimed and the ground on
which such claim is founded) in lands described as (here state particulars
cf description from declaration of applicant) in notice dated the day

of advertising the same as land in respect of which claim has

been made to have the same brought under the provisions of the Eeal
Property Act do hereby forbid the bringing of the said land under the
provisions of the said Act. And I appoint as the place at which

notices relating hereto may be served. Dated this day of

18 A.B. Signed in my presence this day of To

the B^;istrar-G^neral of the Colony of New South Wales.

C.

New South Wales.

[Eoyal Arms.]

Certificate of Title,

A.B. of (here insert description and if certificate he issuedpursuant to any
transfer reference to memorandum oftranifer) is now seized of^an estate (here
state whether in fee simple or leasehold for a life or lives or for a term of years)
subject nevertheless to such encumbrances liens and interests as are notified
by memorial underwritten or endorsed hereon in that piece of land situated
in the (county or toumship) of (here insert sufficient description

to identify the land referring to map or diagram) which said piece of land is
(or is part of) the (country section or town allotment) marked
delineated in the public map of the said (county or township) deposited in
the office of the Surveyor-General originally granted the day of

under hand and seal of Governor of the said

Colonv to CD. In witness whereof I have hereunder signed my name and
affixed my seal this day of Signed in presence

of the day of Eegistrar-Gtenem (l.8.)



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44 NEW SOUTH WALES EEAL PEOPEETT ACT— No. 1.



Memorandum of Transfer,

I A.B. being registered as the proprietor of an estate (here state
nature of the estate or interest) subject however to such encumbrances liens
and interests as are notified by memorandum underwritten or endorsed
hereon in all that piece of land situated in the {county or toionship) of
containing {here state area) be the same a little more or less {exclusive of
roads intersecting the same if any [here state rights-of-way privileges or ease-
ments if any intended to he conveyed'] and if the land to he dealt taith contain
all that is included in an existing grant or certificate refer thereto for descrip-
tion of parcels and diagrams otherwise set forth the houndaries in chains links
or feet and refer to plan delineated on the margin or annexed to the instrument
or deposited in the Registry Office) in consideration of the sum of £
paid to me by E.F. the receipt of which sum I hereby acknowledge do
hereby transfer to the said E.F. {all my estate or interest or a lesser estate or
interest describing sibch lesser estate) in the said piece of land. In witness
whereof I have hereunto subscribed my name this day of

Signed on the day abovenamed by the said A.B. and E.F. in the
presence of Q-.H. A.B. Transferor E.F. Transferee.

E.

Transfer to he endorsed on Original Instrument,

I the within-mentioned CD. in consideration of £ this day paid

to me by X.Y. of the receipt of which sum I do hereby

acknowledge hereby transfer to him the estate or interest in respect to
which I am registered proprietor as set forth and described in the within
instrument together with all my rights powers estate and interest therein.
In witness whereof I have hereunto subscribed my name this day

of CD. Transferor. Signed by the abovementioned CD. as

transferor and X.Y. as transferee in the presence of E.F. the
day of Accepted X.Y. Transferee.

F.

Memorandum of Lease,

I A.B. being registered as proprietor of an estate {here state nature of the
estate or interest subject however to such encumbrances liens and interests
as are notified by memorandum underwritten or indorsed hereon in that
piece of land situated in the {county or toumship) of containing

{here state area) be the same a little more or less {exclusive of roads
intersecting the same if any [here state rights-of-way privileges or easements if
any intended to he conveyed'] if the land to he dealt with contains all that is
included in an existing grant or cert\fieate of title or lease refer thereto for
description and diagram otherwise set forth the houndaries in chains links or
feet and refer to a plan thereof on margin of or annexed to the lease or
deposited in the Registry Office) do hereby lease to E.F. of {here insert
description) all the said lands to be held by him the said E.F. as tenant for
the space of years at the yearly rental of £> payable

(here insert terms of payment of rent) subject to the following covenants
conditions and restrictions {here set forth all special covenants tfany).



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NEW SOUTH WALES EEAL PEOPBBTT ACT— No. 1. 46

I E.F. {here insert description) do hereby accept this lease of the above
described lands to be held by me as tenant and snbject to the conditions
restrictions and covenants above set forth. Dated this day of

Signed bj' the abovenamed AB. as lessor and by the abovenamed E.F. as
lessee this day of in presence of X.Y. (Signed)

A. B. Lessor E.F. Lessee.

G.

Memorandum of Mortgage.

I, A.B., being registered as proprietor of an estate (here state nature of the
estate or interest) snbject however to such encumbrances liens and interests
as are notified by memoranda underwritten or indorsed hereon in that piece
of land situated in the {county or township) of contaming

{here state area) be the same a little more or less {exclusive of roads intersect-
ing the same if any [here state rights-of-way privileges or easements if any
appertaining'] and if the land to he dealt with contains all that is included in an
existing grant or certificate of title or lease refer thereto for description of
parcels and diagram otherwise set fo'^th the boundaries in chains links or feet
and refer to plan thereof on margin of or annexed to the mortgage or deposited
in the Registry Office,)

In consideration of the sum of £ this day lent to me by E. F

of {here insert description) the receipt of which sum I hereby acknowledge do
hereby covenant witn the said E.F. that I will pay to him tne said E.F. the
above sum of £ on the day of

Secondly that I will pay interest on the said sum at the rate of £
by the d&lOO in the year by equal payments on the daj of

on the day of in every year Thirdly

{liere set forth special covenants if any) And for the better securing to the
said E.F. the repayment in manner aforesaid of the said principal sum and
interest I hereby mortgage to the said E.F. all my estate and interest in the
said land above described. In witness whereof I have hereto si^ed my
name this day of A.B. Mortgajzor. Signed by

the above-named A.B. as mortgagor this day of in

presence of G.H.

H.
Memorandum of JSJncumbrancefor securing a Sum of Money,

I A.B. being registered as proprietor of an estate {here state nature of
the estate or interest) subject however to such encumbrances liens and
interests as are notified by memoranda underwritten or indorsed hereon in
that piece of land situated in {the county or township) of containing

{here state area) be the same a little more or less {exclusive of roads intersect-
ing the same if any [here also state rights-of-way privileges or easements if any
(pertaining'] and if the land to he dealt with contains all that is included in an
existing grant or certificate of title refer thereto for description of parcels and
diagram otherwise set forth the boundaries in chains links or feet and refer to
plan thereof on margin of or annexed to the hill of encumbrance or deposited in
the Registry Office!)

And desiring to render the said land available for the purpose of
securinff to and for the benefit of CD, the {sum of money annuity or rent
oAor^e) nereinafter mentioned do hereby encumber the said land for the
benefit of the said CD. with the {sum annuity or rent charge) of £
to be raised and paid at the times and in the manner following that is to



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46 NEW SOUTH WALES BEiX PEOPEBTT ACT— No. 1.

say (here state the times appcmtedfar thepaymeni of the sum annuity or rent
ehafrge intended to he secured the interest if any and the events on which such
sum annuity or rent charge shall become and cease to be payable also any special
covenants or powers and any modification of the powers or remedies aiven to an
encumbrance by the Real Property Act) And subject as aforesaid the said
CD. shall be entitled to all powers and remedies given to an encumbranoee
by the Seal Property Act. In witness whereof I have hereunto signed my
name this day of in the presence of E.E.

I.
Power of Attorney,
I A.B. being registered as proprietor of an estate (here state nature
of the estate or interest) subject noweyer to such encumbrances liens and
interests as are notified by memorandum underwritten or indorsed hereon
in (here refer to Schedule for description and contents of the several parcels of
land intended to be affected which Schedule must contain reference to the
existing certificate of title or land grant or lease of each parcel) do hereby
appoint CD. attorney on my behalf to (here state the nature and extent of
the powers intended to be conferred as whether to sell lease mortgage Sfc) the
lands in the said Schedule described and to execute all such instruments
and do all snch acts matters and things as may be necessary for carrying
out the powers hereby given and for the recovery of all rents and sums of
money that may become or are now due or owing to me in respect of the said
lands and for the enforcement of all contracts covenants or conditions
binding upon any lessee or occupier of the said lands or upon any other
person in respect of the same ana for the taking and maintaining possession
of the said lands and for protecting the same from waste damage or trespass.
In witness whereof I have hereunto subscribed my name this day of

Signed by the abovenamed A.B. this day of in

the presence of X.Y. (Schedule referred to.)

K.

New 9ottth Wales. — Begistration Abstract.

[Boyal Arms.]

lOopy of grant or certificate.']

Pursuant to Act of the Legislature of the said Gdony intituled " The

Seal Property Act " sections 70 and 71 this registration abstract is issued

for the purpose of enabling the roistered proprietor to deal with the above

described land at places without the limits of the said Colony and shall

continue in force firom the date hereof until the day of or

until the same be surrendered to me for cancellation. In witness whereof

I have hereunto signed my name and affixed my seal this day of

Eegistrar-Gheneral. Signed and sealed the day of

in the presence of X.T.

L.

Bevocation Order.

1 A.B. of being seized of an estate (here state the mUure of
the estate) all that piece of land {here describe land referring to the existing

grant certificate or other instrument of title) hereby revoke the power of

attorney given by me to dated the day of In

witness whereof I have hereunto subscribed my name this day of
in the presence of A.B. of



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NEW SOUTH WALES EBAli PEOPBBTY ACT— No. 1. 47

M.

Caveat forbidding registration of dealing with estate or interest.

To the Begistrar-General

Take notice that I claiming estate or interest (here

state the nature of the estate or interest claimed and the grounds on which such
claim is founded) in (here describe land) forbid the registration of any
memorandum of transfer or instrument a&cting the said land until (this
cayeat be by me or by the order of the Supreme Court or some Judge
thereof withdrawn or until after the lapse of twenty-one days from the date
of the service of notice of such intended regibtration at the following
address) Dated this day of 18

Witness

N.

Certifieate of Begistrar- General or Justice of the Peace S[c. taking declaration

of attesting witness.

Appeared before me at the day of

CD. of a person known to me and of good

repute attesting witness to this instrument and acknowledged his signature
to the same and did further declare that A.B. the party executing the same
was personally known to him the said CD. and that the signature of this
said instrument is in the handwriting of the said A.B. (Signed)
Begistrar-Q-eneral or J.F.

O.

Oertifieate qf Begistrar- General or Justice of the "Peace before whom instrument
mag have been executed by the parties thereto.

Appeared before me at the day of

A.B. of the party executing the within instrument and did freely

and yoluntarily sign the same. (Signed) Begistrar-G-eneral or J.F.



Fees payable for the performance of the several acts matters and things

herein specified*
For hearing application to bring land under the provisions of this Act
or to be registered in respect to an estate of freehold of a deceased pro-
prietor to be paid to the Land Titles Commissioners over and above the cost
of all advertisements herein prescribed to be in such case published : —

£ s. d.
When the applicant is the original grantee and the land has
never been sold mortgaged encumbered or made the subject
of Settlement ... ... ... ... ... 5

When the title is of any other description and the value exceeds

£600 ... ... ... ... ... ... 2 10

exceeds £400 and does not exceed £500 2

exceeds £300 and does not exceed £400 1 10

exceeds £200 and does not exceed £300 10

when the value does not exceed £200 10



Ditto


ditto


ditto


Ditto


ditto


ditto


Ditto


ditto


ditto


Ditto


ditto


ditto



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48 NEW SOUTH WALES SEAL PEOPEBTT ACT— No. 1.

Contribution to assurance fund upon first bringing land under £ s. d.
this Act and upon the registration of an estate of freehold in
possession derived by settlement will or intestacy —

In the pound sterling ... ... ... ... ... Oi

Other fees —

For eyery certificate of title ... ... ... ... 10

fiegistering memorandum of transfer lease mortgage encumbrance
or the transfer or discharge of a mortgage or the transfer
or surrender of a lease ... ... ... ... 10

Eegistering proprietor of any estate or interest derived by

settlement or transmission ... ,,. ... ... 1

For every power of attorney ... ... ... ... 10

For every registration abstract ... ... ... ... 10

For cancelling registration abstract ... ... ... 050

For every revocation order ... ... ... ... 10

Noting caveat ... ... ... ... ... ... 10

Cancelling or withdrawing of caveat and service of notice to

caveator or caveatee... ... ... ... ... 6

Issuing order for foreclosure ... ... ... ... 100

For every search ... ... ... ... ,,.0 2

For every general search — ... ... ... ... 6

For every map or plan deposited ... ... ... ... 5

For every instrument declaratory of trusts and for every will

or other instrument deposited ... ... ... 10

For registering recovery by proceeding in law or equity or re-
entry by lessee ... ... ... ... ... 10

For registering vesting of lease in mortgagee consequent on

refusal of assignees to accept the same... ... ... 10

For entering notice of marriage or death ... ... ... 10

For entering notice of writ or order of Supreme Court ... 10

Taking acknowledgment of married woman ... ... ... 5

Taking declaration in case of lost grant or other instrument or

^ere production of duplicate is dispensed with ... ... 10

For the exhibition or return of any deposited instrument or for
exhibiting or returning deeds surrendered by applicant
proprietor ...

For certified copy first five folios per folio of seventy-two words

For every folio or part folio after first five ...

For every instrument drawn on parchment ...

Taking affidavit or statutory declaration

When any instrument purports to deal with land included in
more than one grant or certificate for each registration
memorial after the first ... ... ... ...020






5








6











8





2


6





6






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NEW SOUTH WALES BBAL PEOPEETT ACT— No. 2. 49
BEAL PEOPEETT ACT, 1862— No. 2.



W



HEBEAS it is expedient to amend the '^ Beal Property Act of 1862 " Preamble



in manner hereinafter provided. Be it therefore enacted by the
Queen's Most Excellent Majesty by and with the adrioe and consent
of tiie LegislatiTe Council and Legislative Assembly of New Sonth Wales :n
Ftrliament assembled and by the authority of the same as follows : —

L Upon the registration of any memorandum of transfer in the form Tniuferbj
marked D in the Schedule to the " Keal Property Act of 1862 " comprising J^^^^^i
the whole of the land described in any grant or certificate of title it shall
not be necessary for the transferee to take out a certificate of title in his
own name but he may receive the grant or certificate of title of the trans-
feror or in the case of a sale by a mortgagee the grant or certificate of title
of the mortgagor with a memorial of the transfer in each case indorsed
thereon and the Eegistrar- General shall not after registering any such
transfer enter a memorandum cancelling; such grant or certificate of title as
required by the " Real Property Act of 1862 * and each successive trans-
feree (if any) of the whole of such land may at his option take out a certi-
ficate of title in his own name or may receive the same grant or certificate
of title upon which the memorial or memorials of any previous transfer or
transfers have been endorsed as aforesaid but the Eegistrar-G-enerai when-
ever in his opinion any grant or certificate of title shall be incapable of
containing with convenience any further endorsements may compel the last
transferee to receive a certificate of title in his own name. (T. 86-12 ; Y.
S5-51. See also note to Sec, 4&, of B. P Act, 1862.)

2. A transferee of land shall not be required in any case to present Transfer
in duplicate a memorandum of transfer for the purpose of registration. •Jf5j;'iiJ,Jj
(Mitdgway v. Davy Sf Buick, 1 ; Fitzgerald v. Archer, 101 ; Fisher v. Qufhey, *° "^
102.)

3. The effect given by section twenty-six of the ** Eeal Property Act pi^ni grant
of 1862 " to a certificate of title issued in the name of a deceased person SmSm^^
shall extend to every Crown grant in the name of a deceased person who ?«"<>**
would have been entitled thereto if living.

4. In addition to the charges and fees provided by the " Beal Property charges for
Act of 1862 " the Eegistrar-General may charge for any certificate of title JSJ,**?/""
which shaU exceed in length six folios of seventy-two words each a further

sum of two shillings for each folio or part of a folio in excess of such six
folios and if there shall be more than one diagram in such certificate a
further sum of one shilling for every such diagram after the first diagram.

5. All plans hereafter to be prepared and required to be deposited for PUns to be
the purposes of the " Eeal Property Act of 1862 '' shall if required by the *° dapUcate
Begistrar-General be in duplicate. (Stevens v. Williams^ 186.)

6. This Act shall be construed together with the said " Real Property Act inoor-
Act of 1862 " and except so far as any portion of the said " Real Property iorinsw^
Act of 1862 " may be repealed or altered or added to by this Act the pro-

Tisions of the said " Seid Property Act of 1862 *' shall remain in full force.

7. This Act may be cited for all purposes as the " Be^ Property Act short title
Amendment Act of 1878."



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60 NEW SOUTH WALES BEAL PBOPEBTT ACT— No. 8.

BEAL PBOPEBTT ACT, 1878— No. 8.

Pwambie XTTHEBEAS it is expedient to extend the operation of the Eeal Property
T T Act to simplify references to the Supreme Court on doubtful ques-
tions of title in certain cases and in other respects to amend the said Act
Be it therefore enacted by the Queen's Most Excellent Majesty by and with
the advice and consent of the Legislative Council and Legislative Assembly
of New South Wales in Parliament assembled and by the authority of the
same as follows : —

SStAort" ^* -^^^^ ^^^ ^^^^^ ^^^ effect from the passing thereof and may be cited

SSe Ao. as the " Beal Property Act further Amendment Act of 1877 " and shall be
read with the Beal Property Act twenty -sixth Victoria number nine herein-
after termed the principal Act as amended by the Act thirty-sixth Victoria
number seven.

As to •ppii. 2. In addition to the persons entitled under the thirteenth section of

bring^itmd the principal Act to apply to biing land as defined by the said section under
under Act ^ho provisions of that Act applications for that purpose shall subject to the

Provisions of the said Act be received by the Begistrar-General from — (1)
^ersons who have the po^er of appointing or disposing of the fee-simple
absolutely Provided that the consent of the husband of a married woman
to an application by her shall not be requisite where the land the subject of
the application stands settled or limited to her separate use for an estate in
fee or where such land is subject to her general power of appointment by
deed for such an estate and in the event of the said land being brought
under the said Act such application shall be deemed both at law and in equity
to be an exercise of such power. (2) The attorney of any corporation
having power to hold or dispose of land in fee-simple constituted as such
under tne common seal, of toe corporation and authorising such attorney to
apply Provided that the application shall be made for and on behalf of the
corporation of which he is tne attorney and that the requisite declaration be
made by him to the best of his knowledge information and belief and that
the application be subscribed in his own name as such attorney and provided
also that every certificate on such application shall be issued in the name of
such corporation. (3) The attorney of any person who would be entitled
to apply in his own name if resident in the Colony if such attorney shall be
or have been constituted such by an instrument under seal authorising him
at his absolute discretion to sell and convey land for an absolute estate in
fee-simple and to give effectual discharges to purchasers Provided that in
all cases the requisite evidence of non-revocation of the power by the
grantor's death or otherwise shall be furnished. (Ea parte Bowan, 14 ; ex
parte Oliasoldf 45 ; Boss v. Victoria Permanent Building Society^ 180 ; Miller
V. Morissey, 181. Z. 17 ; V. 66-18.)

When Tea. 3. In the caso of land contracted to be purchased the vendor shall con-

•ppuSiSau* sent to or loin in the application of the purchaser except in cases where the

whole of the purchase money has been paid to the vendor or his authorised

attorney or agent.

To Amend if. 4. Where anv caveat against an application to bring land under the
princ42^^t principal Act shall have been lodged in pursuance of the twenty-first section
by any person (hereinafter called the caveator) claiming such land or a por-



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 15 of 83)