sec.86Registration of charge over land

sec.86 Registration of charge over land

This section applies if an applicant for a building boost grant for a home who is liable to pay an amount mentioned in section 85 (1) has an interest in the land where the home is built. The liability is a first charge on the applicant’s interest in the land. The charge has priority over all other encumbrances over the applicant’s interest in the land. The registrar must register the charge over the land if the commissioner lodges with the registrar— a request to register the charge in the appropriate form over the land; and a certificate stating that— there is a charge over the land under this section; and the amount stated in the certificate is owing in relation to the charge over the land. If the amount of the charge is paid— the commissioner must, as soon as practicable, give the registrar— a request to release the charge in the appropriate form; and a certificate stating that the amount owing in relation to the charge over the land has been paid; and the registrar must register the release of the charge over the land. The applicant must pay the fee for registration of the charge and release of the charge. If the commissioner pays the fee, the commissioner may recover the amount of the fee from the applicant. In this section— registrar means the registrar of titles or another person responsible for keeping a register for dealings in land. (sec.86-ssec.1) This section applies if an applicant for a building boost grant for a home who is liable to pay an amount mentioned in section 85 (1) has an interest in the land where the home is built. (sec.86-ssec.2) The liability is a first charge on the applicant’s interest in the land. (sec.86-ssec.3) The charge has priority over all other encumbrances over the applicant’s interest in the land. (sec.86-ssec.4) The registrar must register the charge over the land if the commissioner lodges with the registrar— a request to register the charge in the appropriate form over the land; and a certificate stating that— there is a charge over the land under this section; and the amount stated in the certificate is owing in relation to the charge over the land. (sec.86-ssec.5) If the amount of the charge is paid— the commissioner must, as soon as practicable, give the registrar— a request to release the charge in the appropriate form; and a certificate stating that the amount owing in relation to the charge over the land has been paid; and the registrar must register the release of the charge over the land. (sec.86-ssec.6) The applicant must pay the fee for registration of the charge and release of the charge. (sec.86-ssec.7) If the commissioner pays the fee, the commissioner may recover the amount of the fee from the applicant. (sec.86-ssec.8) In this section— registrar means the registrar of titles or another person responsible for keeping a register for dealings in land.

• (a) a request to register the charge in the appropriate form over the land; and