Australia.

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

. (page 52 of 83)
Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 52 of 83)
Font size
QR-code for this ebook


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 and for the taking and maintaining possession
of the said lands for protecting the same from waste, damage, or trespass.
In witness whereof, I have hereunto signed my name this day of

in the presence of Signed by the above-named A.B.

this day of in the presence of X.Y.

[Schedule referred to.]

K.

Registration Abstract.
[Eoyal Arms.]
Tasmania.
[Copy of Grant or Certificate of Title.]
Pursuant to Act of the Legislature of the said Colony, intituled "The
Real Property Act," sections and , this registration abstract

is issued for the purpose of enabling the registered proprietor to deal with
the above-described land at places without the limits of the said Colony, and
shall continue in force from 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 , Eecorder of Titles. Signed and sealed the

day of , in the presence of X.T.

87



Digitized by VjOOQIC



290 TASMANIAN EEAL PEOPEETT ACT— No. 1.

L.

Revocation Order.

I, A.B., of being seized of an estate [here etate the nature of

the estate"] all that piece of land [here describe land, re/erring to the exitting
granty certificate, or other instrument of title'] hereby revoke the power of
attorney given by me to dated the day of . In

witness whereof, I hare Hereunto subscribed my name this day of

18 . A.B.of

M.
GavecU forbidding Begistration of Dealing with Estate or LUerest,

To the Eecorder of Titles of Tasmania. 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 other
instrument affecting the said land, until this caveat 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order of the Supreme Court, or some judge thereof, withdrawn or until after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 registration at the following address. Dated this day of

18 . Witness.

N.

Certificate of Eecorder of Titles or Commisnoner of the Supreme Court talcing

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) Eecorder of Titles or Commissioner.

O.

Certificate ofBecorder of Titles or Commissioner of the Supreme Court before
whom instrument may 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
voluntarily sign the some. (Signed) Eecorder of Titles or Commissioner.

P.

Fees pay able for the performance of the several acts, matters, and things herein

specified.

For tbe bringing land under the provisions of this Act, to be paid to the
Lands Titles Commissioners, over and above the cost of all advertisements
herein prescribed to be in such case published ; —

£ 8. d.
When the title consists of a grant, and none of the land included

therein has been dealt with ... ... ... ... 2

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

£300. ... ... ... ... ... ... I

Ditto, ditto ditto exceeds £200 and does not exceed £300 15 O
Ditto ditto ditto exceeds £100 and does not exceed £200 4 10 O
Ditto ditto ditto when the value does not exceed £100 6



Digitized by VjOOQIC



TASMAIflAN EEAL PBOPBRTT ACT— No. 2. 291

Contribution to Assurance Fund upon first bringing land under £ s. d.
this Acty and upon the registration of an estate oE freehold
in possession derived bj settlement, by will, or intestacy ; in
the pound sterling ... ... .„ .., ... 0^

Other Pees —
For every application to bring land under the Act .,. ... 6

For every certificate of title ... ... ... ... 1

Begistering memorandum of transfer, mortgage, encumbrance,

or lease ... ... ... ... ... ... 10

(The twenty-five items of fees following are virtually repealed by
those in Schedule to Real Propert^Act. No. 8, 1867.)



EEAL PEOPEETY ACT, 18C3-No. 2.

WHEEEAS it is expedient to amend the Eeal Property Act : Be it Preamblo
therefore enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows : —

1. The following amendments are hereby made in the several sections Amend-
of the Eeal Property Act in this section referred to : — Section 8. — Title ; 2^%^*^
" Instrument." In place of the word " evidence " in the last line but one, petty Aot
and the word "in in the last line, the word "evidencing** is hereby
substituted ; and in the last clause but one of the same section, in place of
the word " as " following the word " trustee," the word " or " is hereby
substituted : Section 5. — ^In place of the word " one ** in the first line, the
word " two ** is hereby substituted : Section 20. — In place of the word
" him " in the third Une, the words " the Eecorder of Titles " are hereby
substituted ; and in the last line but one of the said 49ection the word ** may
is hereby expunged : Section 21, — ^After the word "fit" in the sixth line,
the word " may is hereby inserted : Section 30. — In place of the words
" seized of " in the seventh line, the words " entitled to " are hereby
substituted ; and the word " such " in the eighth line is hereby expunged :
Section 32. — ^After the word " issued " in the sixth line, the words " and of
any powers vested in the proprietor thereof '* are hereby inserted : Section
86. — In the sixth line the words " in accordance with the provisions of this
Act" are hereby expunged : Section 49. — After the word "repair" in the
last line of the second clause, the words " damage by fire, storm, tempest,
act of the Queen's enemies, and reasonable wear and tear, excepted,* are
hereby inserted : Section 53. — In the fourteenth line the word " the *' is
hereby expunged : Section 54. — After the word " moneys ** in the twenty-
fifth line, the words " secured on such land, estate, or interest,** are hereby
inserted : Section 94. — After the word " interest ** in the ninth line, the
words " if produced for that purpose ** are hereby inserted : Section 96. —
After the word " notary public ** in the fifth line, the words " Justice of
the Peace ** are hereby inserted : Section 106. — After the words " Eegister
Book *' in the second line, the words " or any registered instrument ' are
hereby inserted : Section 109. — In the eighteenth line, the words " or to the
solicitor to such Lands Titles Commissioners** are hereby expunged:
Section 115. — After the word " who ** in the third line, the word " not *' is
hereby inserted ; and in the fourth line the word " who ** is hereby expunged;



Digitized by VjOOQIC



292



TA8MANIAN EBAL PEOPEETT ACT— No. 2.



Persons
holdisff cer-
tain offices
under 25
Vict. No. 16,
not to
engage in
pnrate prac-
tice as soli-
citor, Ac.

Land alien-
ated after
the passing
of 26 Vict.
No. 16, to be
subject to its
proTisions

Lands
granted

Srior to the
RT on which
this Act
comes into
operation
may be
brought
under the
operation of
BealFro-
perty Act



and all the words after the word " described " in the eighth line of the
section are hereby expunged : Section 125. — ^In the thirteenth line, the
words " fraud such " are hereby transposed : Section 136. — ^After the word
" grant " in the ninth line, the words " certificate or instrument " are hereby
inserted.

2. It shall not be lawful for any person, whilst holding the office of
Becorder of Titles, Deputy-Recorder, Lands Titles Commissioner, or of
solicitor to the Lands Titles Commissioners, to engage in private practice as
an attorney, solicitor, or conveyancer. (N. 9 ; S. 19.)

3. AH waste land, and all land set apart for public purposes, remaining
unalienated from the Crown (not being tne subject of a subsisting contract
with the Crown for the alienation thereof), shall (when alienated in fee) be
subject to the provisions of the Eeal Property Act.

4. Land alienated or contracted to be alienated from the Crown in fee
(whether such land shall constitute the entire or only part of the land
included in any grant or contract) may be brought under tne provisions of
this Act in the following manner, that is to say : — ^The Eecorder of Titles
shall receive applications in Form A of the Schedule hereto, or in words to
the like effect, for biinging land under the provisions of this Act, if made
by any of the following persons ; that is to say : — By any person (claiming
to be the person) in whom the fee-simple of the land is vested in possession,
either at law or in equity, or by any person claiming to be entitled to a grant
from the Crown of any land under or by virtue of any contract with the
Crown or in equity and good conscience : Provided that wherever trustees
seised in fee-simple have no express power to sell the land which they may
seek to bring under the operation of this Act, the persons claiming to be
beneficially entitled for the first life estate, or other greater estate than a
life estate in the said land, shall consent in such application : By any person
claiming a life estate in possession, not being a lease for life or lives :
Provided that all persons claiming to be beneficially entitled in reversion or
remainder shall joia in such application : By the father, or, if the father be
dead, the mother or other guardian of any infant, or the committee or
guardian of any lunatic or person of unsound mind, and any agent holding
power of attorney authorising the sale of a freehold estate in any land of
an absent proprietor in the name of such proprietor, unless such power
shall expressly prohibit his so doing : Provided always, that no such applica-
tion shaU be received from any person claiming to be entitled to an undivided
share of any land, unless the person who shall appear to be entitled to the
other undivided shares of the said land shall join in such application with a
view to bringing the entirety under the provisions of this Act, nor from the
mortgagor of any land unless the mortgagee shall consent in such application
nor from the mortgagee of any land except in the exercise of a power of
sale contained in the mortgage deed, nor from any person for land in respect
to which a judgment has been entered up unless the judgment creditor shall
consent to such application. {Be Douitj 33. See Bedl Froperty Act, See. 37.)

I^Jj^^ 5. Upon the receipt of such application the Eecorder of Titles shall

when appu- causc the title of the applicant to be examined and reported upon by the
^^^^ solicitor, and shaU thereafter refer the same to the Lands Titles Commis-
original siouers for their consideration, and if it shall appear to such Commissioners
^Si^M- that the applicant is the original grantee from the Crown of the land in
S^ pLioe '^P^^ ^^ which such application is made, and that the same is not encum-



Undirided
shares and
mortgaged
lands not
brought
under Act
except on
oonditiona



Digitized by VjOOQIC



TASMANIAN REAL PEOPEETT ACT— No, 2. 293

bered by mortgages, judgments, or otherwise, and that sucli applicant has
not required notice of his application to be seryed personally on any person
then and in such case it shall be lawful for such Commissioners to direct the
Eecorder of Titles to bring such land under the provisions of this Act forth-
with, by issuing to the applicant proprietor, or to such person as he or the
person applying on his behalf may by writing under his hand direct, a
certificate ot title for the same. (N. 15.)

6. Upon the receipt of the application of any person claiming to be Land un-
entitled to a grant from the Crown of any land under or by virtue of any fTOfr«^£e
contract with the Crown, or in equity and good conscience, the Eecorder of 9'9^^ ™*y
Titles shall cause the claim of the applicant to be examined and reported o^d^tife
upon by the solicitor, and shall thereariber refer the same to the Lands Titles ^"p^i °^
Commissioners for their consideration, and if it shall appear to such Com- perty Act
missioners that the person holding or claiming to hola the land of which a

grant shall have been applied for as aforesaid is entitled in equity and good
conscience to hold such land, and to have a grant thereoE under the seal of
the colony made and delivered to him, the said Commissioners shall direct
the Eecorder of Titles to cause notice of such application to be advertised
once in the Hohart Town Gazette, and three times at least in one newspaper
published in the City of Hobart Town and in one newspaper published in
the Town of Launceston, and the period of thirty days at least shall elapse
between the first and last of such advertisements, and if they shall receive
no caveat within the time limited by them forbidding them so to do, shall
report the same to the Governor, and shall cause a grant thereof to be
prepared in duplicate, setting forth therein the measurement, situation, and
boundaries of the land to be granted, and the reservations and conditions
(if any) to which the same is to be subject, and shall transmit the grant so
prepared to such Governor for the purpose of obtaining his signature and
the seal of the colony thereto. Provided that ^here any applicant has
applied to the Supreme Court in its claims to grants of land jurisdiction for
a grant of any land, and such application shall have been refused, it shall
not be lawful for the Lands Titles Commissioners to entertain any application
by the same person for a grant of the same land.

7. Whenever land unalienated in fee from the Crown is to be brought GrAntatobe
under the provisions of the Eeal Property Act, the Governor shall ^'^p^J^^^^
cause to be issued in duplicate a grant in the name of Her Majesty under land brought
the public seal of the colony, which shall be delivered to the Eecorder of y?^*irJJi6
Titles, who shall register and deal with the same in the manner provided in

the Eeal Property Act. Provided always, that nothing in this Act shall be
conftrued prejudicially to affect the rights of Her Majesty, her heirs and
successors, or to compel the Governor to make or deliver any such grant in
any case unless His Excellency shall deem proper so to do.

8. In examining into all applications in respect of lands unalienated in Commis-
fee from the Crown, the Lands Titles Commissioners shall be guided by ^dSdby^
equity and good conscience only, and by the best evidence that can or may «i^ «»d
be procured, although not such as would be required or be admissible in ^enoe^'^'
ordinary cases.

9. [Eepealed by Sec. 37, Eeal Property Act, 1886.]

10. At the meetings of the Lands Titles Commissioners, two of such Qaomm
Commissioners shall form a quorum, and the Eecorder, if present, shall
preside.



Digitized by VjOOQIC



294 TASMANIAN REAL PEOPERTT ACT— No. 2.

B^peai 11. [Sections 9, 10, 16, 14, 16, 101, 102, and 123 of the Eeal Property

Act, are hereby repealed.]

MwS *^ ^ ^2* -^^^ ^^^ *°^ *^® ^^ Property Act, save so far as the same is

together altered by this Act, shall be read and construed together as one and the

same Act.
Bhort title ^3^ Jq referring to this Act it shall be sufficient to use the expression

" The Eeal Property Act, No. 2."

SSSuHSt !*• ^^^ ^®* ^^^^^ ^^^^ ^^ operation and take effect on and after the

twentieth day of March, 1863.

SCHEDULES.

A.

Application to hring land under the provinont of

The Beal Property Act,

*^ * I, A.B. of do declare that I am [or on behalf of of

that he is] seized of an estafce of freehold [here state whether of inheritance
or of a lijfe estate^ and whether held in truH or well entitled to'] in all that
piece of land situated in [here Hate the skuatum] containing [here state the
area] be the same a little more or less [exclusive of roads intersecting thesamcy
if ^wy], with [here state rights-of-way and other privileges or easements apper-
taining , and set forth a sufficient description to iaentifi/ the land ], which piece
of land is of the value of £ and no more, and is [the town allotment

or country section, or is part of the town allotment, country section, or
reserve, or other land] originally granted [or located] to by [land

grant] under the hand of formerly Governor of the Colony of

Tasmania, and seal of the said colony [or other document if any] dated the
day of 18 , numbered in the plan of the [district,

township, or county] of , as delineated on the public maps of the

colony aeposited in the Survey Office, Hobart Town [here insert description]
And I do further declare that I am not aware of any mortgage, encumbrance,
or claim affecting the said land, or that any person [eacept the Orown in the
case of a location order] hath any claim, estate or interest in the said land
afc law or in equity, in possession or in expectancy, other than is set forth
and stated as follows : that is to say [here state particulars of mortgage^
encumbrances, dower or other interest to which the land may he subject], Ajnd
I further declare that there is no person in possession or occupation of the
said lands adversely to my estate or interest therein ; and that the said land
is now [here state the name and description of occupier, or that the land is
unoccupied] ; and that [here state the names and addresses of owners and
occupiers (f land contiguous thereto] ; and that there are no deeds or instru-
ments of title affecting such land in my possession or under my control
other than those enumerated in the Schedule hereto, or at loot hereto. And
I make this solemn declaration conscientiously believing the same to be teixe
Dated at this day of 18 Made and subscribed

by the above-named this day of 18 , in the presence of

me. Eecorder of Tities, or Commissioner of the Supreme Couri, or J.P.
T, A.B., the above declarant do hereby apply to have t o piece of land
described in the above declaration brought under the provisions of Ihe heal
Property Act, Dated at this day of 18 . A,B.

"Witness to signature — CD.



Digitized by VjOOQIC



TASMANIAN REAL PEOPEETT ACT— No. 8. 295

B.

This is to certify that, in pursuance of the provisions of The Beal Seo. e
Property Act, the wife oi in the within written

mentioned, came before me at o'clock in the noon on this

day of and being then examined by me, privately and apart

from her said husband, did confess and declare that she was acquainted with
the nature and object of the said and that she signed the same freely

and voluntarily, and without any violence, threat, or compulsion, either on
the part of her said husband or of any other person. Witness my hand at
the day and year above mentioned. J.P., or Eecorder of Titles,

or Oommissioner of Supreme Court.



BEAL PEOPEETT ACT, 1867— No. 3.

BE IT ENACTED by His Excellency the Q-ovemor of Tasmania, by and
with the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows : —

1. The fees in the Schedule shall be taken by the Eecorder of Titles, Fees in Uen
and carried to the general revenue, in lieu of those now payable to thOp^y^JSeto''
general revenue. General

Revenue

2. This Act and The "Eeal Property Act,'* and "The Eeal Property acu to be
Act, No. 2," save so far as the same are altered by this Act, shall be deemed deemed one
one Act.

3. This Act may be cited as " The Eeal Property Act, No. 3." short uiie

SCHEDULE.

For every application to bring lands under " the Eeal Property £ s. d.
Act" 6

For every first certificate of title or grant issued on application
to the E^ecorder of Titles or for land not exceeding the value
of £500 ... ... ... ... ... ... 1

For every first certificate of title or grant issued on application to ^

the Eecorder of Titles for land not exceeding toe value of
£1000 ... ... ... ... ... ... 1 10

For every first certifacte of title or grant issued on application
to the Eecorder of Titles for land not exceeding the value of
£2000 ... ... ... ... ... ... 2

For every first certificate of title or grant issued on application
to the Eecorder of Titles for land not exceeding the value
of £3000 ... ... ... ... ... ... 2 10

For every first certificate of title or grant issued on application
to the Eecorder of Titles for land not exceeding tne value
of £4000 ... ... ... ... ... ... 3

For every first certificate of title or grant issued on application
to the -Recorder of Titles for land not exceeding tne value
of £5000 ... ... ... ... ... ... 4

For every first certificate of title or grant issued on application
to the Eecorder of Titles for land exceeding the value of
£5000 ... ... ... ... ... ... 5



Digitized by VjOOQIC



296 TASMANIAN EEAL PEOPEETr ACT— No. 3.

£ 8. d.
For every certificate of title after the first ... ... ... 100

For the registration of every purchase grant of less value than

£60 5

For the registration of every purchase grant of more value than

£50 and less than £300 ... ... ... ... 7 6

For the registration of every purchase grant of more value than

£300 ... ... ... ... ... ... 10

Begistering memorandum of transfer or mortgage where the

money paid or secured shall not exceed £500 ... ... 10

Begistering memorandum of transfer or mortgage where the

money paid or secured shall not exceed £1000 ... ... 1

Begistering memorandum of transfer of mortgage where the

money paid or secured shall not exceed £2000 ... ... 1 10

Begistering memorandum of transfer or mortgage where the

money paid or secured shall not exceed £3000 ... ... 2

Begistering memorandum of transfer or mortgage where the

money paid or secured shall not exceed £4000 ... ... 2 10

Begistering memorandum of transfer or mortgage where the

money paid or secured shall not exceed £5000 ... ... 3

Begistering memorandum of transfer or mortgage where the

money paid or secured exceeds £5000 ... ... ... 4

Begistering memorandum of encumbrance or lease ... ... 10

Begistering transfer or discharge of mortgage, or of encum-
brance, or the transfer or surrender of a lease ... ... 5

Begistering proprietor of any estate, or interest derived by

settlement or transmission ... ... ... ... 10

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

For every registration abstract ... ... ... ... 100

For cancelling registration abstract ... ... ... 50

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

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

Cancelling or withdrawal of caveat, and service of notice to

caveator or caveatee ... ... ... ... 5

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

For every search ... ... ... ... ... 2

For every general search ... ... ... ... 5

For every map and plan deposited ... ... 5

For every instrument declaratory of trusts, and for every will or

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

For registering recovery by proceeding at 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



Digitized by VjOOQIC



TASMAlflAN DECEASED PEESONS* ESTAT^ES ACT. 29?

Taking declaration in case of loss grant or other instrument, or £ s. d.

where production of duplicate is dispensed with... ... 10

Taking affidavit or statutory declaration ... ... ... 050

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

proprietor ... ... ... ... ... 5

For certified copy, first five folios, per folio of seventy-two words 5

For every folio or part folio after first five ... ... ... 00 8

For every instrument drawn on parchment .. . ... ... 2 6

When any instrument purports to deal with land included in
more than one grant or certificate, for each registration

memorial after the first ... ... ... ... 2



DECEASED PERSONS' ESTATES ACT, 1874.

WHEREAS it expedient to provide for the succession to real estate in preamble



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 52 of 83)