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

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caveat, dealing lodged for registration, application by Official Assignee, notice
of fi. fa. or other obstacle to dealing not noted on the certificate of title, refer
to such obstacle in such a way as to give the applicant notice of it and to enable
him to ascertain particulars by inspection,] The information above &;ive&
refers only to the present state of the register and the present right to
register a dealing with the interest of the proprietor appearing on the
register. The seal of the Office of Titles was affixed to this search certificate
at the hour of o'clock on the day of 188 .



FOUETH SCHEDULE.

ViCTOEiA Office of Titles.

Application for Stay of Registration as to Title oj A.B. to Land comprised in
Certificate No, as to which Search Certificate 1885, No. , has been
appliedfor,

^^' '^ I, CD., of now dealing bona fide for value with the above-

named A.B. as to land comprised in the above certificate, in order to protect
such dealing, hereby apply for a stay of registration of any instrument
affecting the land proposed to be dealt with for forty-eight hours from the
time named in the search certificate. The particulars of the proposed
dealing are as follows : — ^The transaction is — [State whether sale mortage
exchange lease or other dealing for value,] The consideration is — [State tie
price to be paid or amount to be lent, rent to be paid, or other eonsidemtkm,]



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VIOTOEIAN LAND TEANSFEB ACT— No. 7. 891

The land to be comprised in the dealing is all the land comprised in the
above certificate — [If not all, strike out the toorda following " ia" and describe
the land in such a manner as distinctly to identify tY.]

[Signature of the applicant or his solicitor.!

I consent to the above application for stay of registration, and certify
that the proposed dealing is as above stated.

[Signature of proprietor or of his authorised agent]

Order for Stay of BegistratUm .

I hereby direct that for forty-eight hours from o'clock on the

day of 188 nothing is to be entered on the register aa

to the land above described except an instrument giving effect to the above
dealing, which if lodged for registration within that time is tp have prioritv
over all other instruments which may be lodged for registration during such
forty-eight hours. Eegistrar of Titles.



FIFTH SCHEDULE.

Tablx a.

General Conditions of Sale

1. The purchaser shall complete his purchase upon the day that the 800.66
last of the acceptances or notes for purchase money oecome due ; but he
shall be entitled to the possession of the lot or lots purchased by him, or to

the receipt of the rents and profits thereof, upon his acceptance of the title
to such lot or lots ; and if, from any cause whatsoever, his purchase shall not
be completed at the time above specified, the purchaser shall pay interest on
such of his acceptances or notes as shall become overdue at the rate of eight
pounds per cent per annum to the time of completion, without prejumce
nowever to the vendor's right imder the sixth condition.

2. All roads or ways adjoining or leading to or from the land sold or
shown on the existing certificate of title to the property the areas of which
roads are not includ^ in such certificate shall be deemed by the purchaser
either to be appurtenant to such land or to have become public roads.

3. The certificate of title to the property sold shall be produced, and a
copy thereof may be made by the purchaser or his solicitor on application in
that behalf to the vendor or his solicitor, and the purchaser shall within
fourteen days after the day of sale deliver to the vendor or his solicitor a
statement in writing of all objections or requisitions (if any) to or on the
title, or concerning any matter appearing on the particulars or conditions,
and in this respect time shall be of the essence of the contract. All objections
or requisitions not included in such statements to be delivered within the
time aforesaid shall be deemed absolutely waived by the purchaser, and in
default of such objections (if none) and subject only to such (if any) so
delivered, the purchaser shall be considered as having accepted the title, and
it shall be lawful for the auctioneer to pay over and deliver to the said
Tender all sums of money paid and acceptances or notes given by the said
purchaser on account 01 the purchase money without being liable to any
action or other proceeding for recovery of the same.

4. In case the purchaser shall within the time aforesaid make any
objection to or requisition on the title or otherwise which the vendor shall
"be unable or unwilling to remove or comply with, and sndi objection or



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892 VICTOEIAN LAND TEANSFEB ACT— No. 6.

requiBition shall be insisted on, it shall be lawful for the yendor or liis
solicitor (whether he shall have attempted to remoTO such objection or to
comply- with such requisition or not, and notwithstanding any negotiation or
litigation in respect of the same) at any time, by notice in writing, to innol
the sale, and within one week after giving such notice to repay to the
purchaser the amount of his purchase money or so much thereof as shall
have been paid in full satisfaction of all claims and demands whatsoever bj
the purchaser, and also to return all unpaid acceptances giyen by the purchaser,
but without any interest costs or damages of any description.

6. If any mistake be made in the description or area of the property, or
if any other error whatsoeyer shall appear in the particulars of the proper^,
such mistake or error shall not annul the sale ; but a compensation or
equivalent, to be settled by two referees mutually appointed in writing, or
their umpire, shall be riyen or taken as the case may require. The party
discoyering such mistake or error to give notice in writing thereof to tlie
other party within seven days after such discovery, and each party within
seven days after such notice shall appoint in writing a reEeree, and if
either party shall refuse to appoint a referee within the term above specified
the referee of the other party alone may proceed in the matter and makes
final decision. If two referees be appointed they are to nominate an umpire
in writing before they enter upon the business, and the decision of Bach
referees or umpire as the case may be shall be final.

6. If the purchaser shall fail to comply with the above conditioni, or
shall not pay the whole of the deposit, or shall not give the acceptances or
notes provided for by the contract, or shall not duly pay the same or anj of
them, nis deposit money, or so much thereof as shaU nave been paid, shall in
actually forfeited to the vendor; who shall be at liberty without notice 10
rescind the contract and to re-sell the property brought by the porchasef^
public auction or private contract, and the deficiency (if any) in priee
occasioned by such sale, together with all expenses attending the same, sbill
immediately be made good by the defaulter at this present sale, and in case
of non-payment the amount of such deficiency and expenses shall be record-
able by the vendor as and for liquidated damages, and it shall not be necesaarj
previously to tender a transfer to the purchaser, or the vendor may deduct and
retain such deficiency and expenses out of the amount of any of the before-
mentioned acceptances or notes which shall then have been paid, re-paying
unto such defaulter within seven days after the completion of the sale ^e
residue of such amount, but without any interest, and returning witiiont
any unnecessary delay any then unpaid acceptances or notes.

7. That the vendor will upon due payment of the full amount of
purchase money sign a transfer of the property to the purchaser, saclt
transfer to be prepared by and at the expense of the purchaaer.

8. That the purchaser shall pay or bear the expense of all stamp date
on or in respect of the acceptances or notes provided for by the contra^
and of the transfer to him.

9. The yendor shall not at any time be required by any purchaser or
purchasers at the present sale to join in erecting any dividing fence upoD
any part of the land sold or offered for sale, nor shall the vendor be liwle
at any time to contribute towards the expense of erecting any such dindiiig
fence, whether the land now offered for sale be sold or not ; but this condition
shall not prejudice or affect the rights of purchasers as to dividing fences ai
between tnemselves and all other parties except the vendor.



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VICTOEIAN LAND TEANSFEE ACT—No. 7.



393



SIXTH SCHEDULE.

On making application to bring land under the operation of
the Act, exclusive of advertisements : —

When the applicant is the original grantee and no transac-
tion affecting the land has been registered ...

When the title is of any other description or when the
application is to be registered in respect of an estate
or freehold on a transmission and the value does not
exceed £150

When the value does not exceed £300 ...
„ ,1 • „ »450 .,,

„ „ „ £600...

,, „ „ £7oO,..

£1000

And for every additional £1000 or fractional part of £1000

up to £10,000 ...
And for every additional £1000 or fractional part of £1000

after £10,000 ...
Contribution to Assurance Fund upon first bringing land
under this Act : —

In the pound sterling

On an application for a certificate of title where the title

has been gained by (Continuous possession, whether the

land is under the Act or not, the same fees shall be

paid as upon an ordinary application to bring land

under the Act.
On every application to amend proprietor's certificate of title
On every application to rectify other certificates, for each

certificate as to which rectification is sought

1 Eor every certificate of title ...

2 Eor registering a transfer or a lease mortgage or charge or

transfer thereof or a dibcharge of a mortgage or charge
wholly or partially or a satisfaction of an annuity or a
surrender of a lease

3 When any instrument or other document purports to deal

with or affect land included in more than one grant or
certificate, for each memorial or entry after the first ...

4 For registering proprietor of any freehold estate or interest

on a transmission
6 Eor every registration abstract

6 Eor cancelling registration abstract

7 Eor every caveat

8 Eor withdrawal of caveat

9 For entry of foreclosure

10 For every search for first title

11 For every ten or fraction of ten titles after the first

12 For every general search

60



£ s. d. s«^.74



5



10
10

1 10

2

2 10

3

5

10



Oi



1

10
10



10

2

10

10

5

10

5

10

2
10

6



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£ 8.


d.


6





10





e 5





10





10





10





10





10





1





5






894 VICTOEIAN LAND TBANSPBB ACT— No. 7.



18 For searching and issuing search certificate

14 For every order staying registration

15 For every map deposited

16 For depositing document declaratory of trusts ...

17 For registering recovery of possession by legal proceedings

or registering the lessor as surrenderee

18 For registering vesting of lease in mortgagee on refusal

of assignees to accept the same

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

20 For entering notice of writ of fi, fa, or any order of the

Supreme Court or of the Commissioner

21 For entering satisfaction of any such writ (for each entry)

22 For taking an acknowledgment by a married woman

23 For order dispensing with production of any duplicate grant

certificate or instrument ... ... .. ... 10

24 For returning documents of title deposited in support of

application on withdrawal of application or rejection

of title ... ... ... ... ...0 10

25 For order for and inspection of any documents permanently

retained ... ... ... ... ... 2

26 For copy of or extract from any document deposited in

support of an application to bring land under the
Act and retained or from any caveat, at per folio of
seventy-two words

27 For every certified copy, first folio of seventy-two words ...

28 For every folio or part of a folio after the first ...

29 For every map thereon

30 For taking affidavit or statutory declaration

31 For commission to a perpetual commissioner to take acknow-

ledgments

32 For a special commission

33 For every summons ...

34 For examination thereunder ...

35 For statement of grounds under section 135

36 For entry of an executor or administrator or the curator or

the assignee of an insolvent as a transferee or proprietor

37 For each memorial thereof or entry after the first

38 For entry of husband as joint proprietor

39 For each memorial thereof or entry after the first

40 For entry of survivors or other persons as proprietors in

cases of joint proprietorship

41 For each memorial thereof or entry after the first

42 For recording removal of any encumbrance not herein-

before specified...

43 For registering a triplicate instrument of lease or mortgage






6


5








8


2





1





1





10





2





10





6





10





2





10





2





10





2





6





2






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VICTOEIAN LAND TE.VNSPEE ACT— No. 8. 896



44 Fop searching record book of deeds produced (per hour) ...

45 For furnishiDg diagrams, fee to be fixed by Eegistrar

46 For registering a transfer to persons being trustees of any

society registered under any Act relating to Friendly
Societies

47 For certificate of title thereon

48 For registering a transfer by such persons

49 For certificate of title thereon



£ 8.


d.


1





5





10





5





10






LAND TRANSFER ACT, 1887— No. 8.

BE IT ENACTED by the Queen's Most Excellent Majeslryr by and with
the advice and consent of the Legislative Council and the Legislative
Assembly of Victoria in this present Parliament assembled, and by the
authority of the same as follows (that is to say) : —

1. This Act shall be deemed to be part of the " Transfer of Land citation of
Statute," and to be included in the citation thereof by its short title.

2, Section eleven of Act DCCCLXXIL shall be and the same is hereby special
repealed, and the following shall henceforth be deemed such section : — " In Ji>en®to*^ ^^
any ease in which the granting of an application to be made as aforesaid, or othar pro-
of an application to bring land under the Act would affect land comprised wherTappH-
in any other certificate, or cause a certificate to issue which would be incon- ^^Jj^j^^
sistent with any other certificate the Commissioner shall, in addition to any described
other notices which he may require, direct notice of the application to be jj^^jwitei
served upon all persons appearing by the register to be thne owners of an

estate in fee simple in or lessees or mortgagees of the land which would be
affected or the land comprised in the certificate as to which the inconsistency
would arise, accompanied by a plan showing accurately the extent to which
the certificate thereof would be affected if the application were granted,
and a copy of such plan shall until such application has been finally dealt
with be kept open for inspection at the Office of Titles." (Es parto
Bowatiy 11.)

3, Section twenty-two of Act DCCCLXXII. shall be and the same is Persons
hereby repealed, and the following shall henceforth be deemed such section : — dJif^*
" On any application to bring land under the Act on a title claimed by posseedon
possession the applicant shall post on the land the subject of the application JS^ScS of
or at such place as the Commissioner shall direct a notice in the form in the JJ^lSS***^
First Schedule hereto, either accurately describing or necessarrly including ^.^^
the land claimed by possession, and shall keep the same so posted for not schedule
less than twenty-one days prior to the granting of such application, and the
Commissioner may refuse to issue the certificate until it has been proved to

his satisfaction thsft the requirements of this section have been complied
with." (Be Hart v. P^yw, 84.)

4. Section fifty-five of Act DCCCLXXII. shall be and the same is Defeotire
hereby repealed, and the following shall henceforth be deemed such section : — S-'d^^nt
"Whenever any instrument caveat surrender discharge of encumbrance lodged if not
writ of ^. fa, or other document lodged for registration or in relation to any S^eSitSSi
land title estate or interest or in connection with any application or dealing ^^^'^^%.
is erroneous or defective, the Segistrar, may require the correction and n^jectca^



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396 VICTOEIAN LAND TBANSFBB ACT— No. 8.

re-execation or correction only (as the case may require) of such document
to be made or procured bj tbe person lodging the same, and if after notice
in writing of such error or defect sent through the post in a registered
letter marked outside ' Office o£ Titles * addressed to such person he shall
fail to procure the same to be amended if it be an instrument or an applica-
tion to bring land under the Act or to amend a certificate of title witnin a
period of thiee months, or if it be any other document within a period of
twenty-one days from the date of notice, the Registrar may if he think fit
reject such dociunent and notify such rejection to the person lodging the
document, and thereupon half the fees paid on the lodging of the document
shall be forfeited and dealt with as a penalty under section one hundred and
fort^-two of the Act, and the other half may be returned to the person
lodging the document on his withdrawing the same."

Memos, of 5, Section fifty-seven of Act DCCCLXXII. shall be and the same is

^^to ^ bereby repealed, and the following shall henceforth be deemed such section : —

certiflc8t«8 " A memorandum of every caveat lodged under the provisions of section one

Mat t^^. hundred and sixteen of the Act shall be endorsed on the grant or the certi-

BooBaflbeted ficate of the land to which it relates, and a copy of the caveat or of so much

thereof as the Befi:istrar shall deem material to the person notified shall be

sent with the notincation required by section one hundred and seventeen of

the Act."

S?*Siin ®' ®^*^^° sixty-one of Act DCCCLXXII. shall be and the same is

^Uoit*"* hereby repealed, and the following shall henceforth be deemed such section : —

SrSS^ " ^^ ^"7 transfer by a Sheriff or mortgagee to a purchaser of any land

sheriff or estato or interest under the Act, or for the purpose of reg'stering any

OT^wiSr* instrument subject to a first mortgage or for the purpose of rectifymg or

required for cancelling any certificate under the provisions of this amending Act or for

reetiflcatipn the purposo of inspection in case of loss op destruction or obliteration of

oriiupeotion any original grant or certificate of title, the Eegistrar shall by writing under

his hand require tbe judgment debtor mortgagor or mortgagee or proprietor

of the land comprised in any duplicate or triplicate grant certificate mortagage

lease or other instrument, or the person having the possession custody or

control of any such duplicate or triplicate, to bring the same into the Office

of Titles withm a period named in such requisition, not less than seven days

from the date thereof, to be endorsed cancelled rectified or otherwise dealt

with as the case may require." {Wilkinson v. Breton, 121.)

^^^ ^ 7. Section sixty-two of Act DCCCLXXII. shall be and the same is hereby

£^in* repealed, and the following shall henceforth be deemed such section : — " li

ttSuSSe**' ^^^ person shall refuse or neglect to comply with any such requisition as

may be af orcsald, the Eegistrar or any person interested may apply to a judge to

fOTe°Suit*" ^^^^ * summons for such person to appear before the Supreme Court or a

or judge judge and show cause why the document mentioned in such requisition

should not be delivered up or produced for the purpose mentioned in such

requisition ; and upon appearance before the court or a judge of anv person

so summoned it shall be lawful for the court or judge to examine such person

upon oath and to receive other evidence, or if he do not appear after being

duly served with such summons, then to receive evidence in his absence and

(in case the same shall seem proper) to order such person to deliver up such

document upon such terms or conditions as to such court or judge shall

seem fit, and the cost of the summons and proceedings thereon sludl be in

the discretion of the court or judge."



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VICTOEIAN LAND TBANSFEfi ACT— No. 8. 397

8. Section sixty-six of Act DCCCLXXII. shall be and the same is Old roads
hereby repealed, and the following shall henceforth be deemed such section: — SSdeJ aS?^*
" Whenever the Council of any municipality under Part XVI. of the * Local widtrang-
Govemment Act, 1874,' shall by order direct that any land taken purchased SSScipaiity
or acquired by them shall be a public highway and be deemed to be dedicated
to the public accordingly, and that any land thereby dedicated to the public
shall be in lieu of any existing street or road named in such order, and the
G-oTemor in Council shall have confirmed the same, the publication of such
order together with the confirmation thereof in the Oovernment Oazette
shall have the efEect of bringing under the operation of the ' Transfer of
Land Statute ' such existing street or road if not already under the Act,
and if an instrument of transfer of such existing street or road under the
common seal of such municipality shall be presented to the Begistrar
accompanied by the Gazette notice required by section three hundred and
sixty-six of the * Local Government Act, 1874,' the Eegistrar shall proceed
to register such transfer in like manner as if it had been accompanied by a
certificate of title in the name of such municipality to the street or road
purporting to be so transferred."

0. In section thirty-one of the "Real Property Statute, 1864,'* the Section si of
phrase " absence beyond seas " is hereby declared to mean " absence from iSiSl^Sjd*^'^
the Colony of Victoria."

10. Section seven of the " Survey Boundaries Act, 1885," shall be Section 7 of
and is hereby amended by striking out the word " Thousand " and inserting ^°* ^' ^^
the words " Five hundred '* in the said section in lieu thereof. Conunis-

sionermay

11. In dealing with any applications involving the amendment of a diM««*fd
certificate or adjustment of boundaries the Commissioner may disregard dimensions
any difference in the dimensions of boundaries or any encroachment excess jj^ exceed
or deficit which does not exceed the margin of error allowed in the descrip- thoM» men-
tion of boundaries by the " Survey Boundaries Act, 1885." aS? N<j°866

12. Where a block of land has been subdivided into allotments and by Excess ot
reason of erroneous measurements in the original survey the area of the ^* ™*y ^
block as marked on the ground exceeds the sum of the areas of all the be^een^^
allotments and roadways (if any) as shown by any plan or description used ^e'^^r
at the sale thereof or by the grants or certificates of title of such allotments proprietors
the total excess of area of the block shall be deemed originally appor-
tionable amongst the allotments and roadways (if any) proportionately to

their relative dimensions, and if the area of the land included in any
application to bring land under the Act or for an amended certificate is in
the applicant's possession and was in the possession of the applicant or of
him and those tnrough whom he claims for a period of not less than fifteen
years previous to the application and does not exceed the area attributable
to the allotment or allotments or fraction of an allotment represented
by the land included in such application after such apportionment of excess
as aforesaid, the Commissioner may without ascertaining the dimensions of
the other allotments or fraction of allotment and without the consent of the
owner or owners thereof issue a certificate in respect of the land included
in such application as if the whole of it had been included by metes and Abandon,
bounds in the original grant or certificate thereof. ment of

13. ITpon an application to bring land under the Act or to amend a right.0f.wft7
certificate it it shall be proved to the satisfaction of the Commissioner that JSSedTft^tiw
any land constituting a private road street or way or a portion thereof thirty yeftn'



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 67 of 83)