75CELodging and registration of plans

75CE Lodging and registration of plans

[Section 75CE of Part XI Inserted by No. 10 of 2000, s. 8, Applied:28 Apr 2000]

(1)  A building title plan is to be lodged with the Recorder of Titles, together with –

(a) an application under section 11 of the Land Titles Act 1980 by each owner of the land comprised in the plan to bring under that Act so much of that land as is not already under that Act; and

(b) a map or plan under section 162 of that Act relating to each application.

(2)  If a building title plan is in order for registration and the whole of the land comprised in it has been brought under the Land Titles Act 1980 , the Recorder of Titles must register a memorial of the plan on each folio of the Register for the land and must –

(a) where the plan is not intended to operate under the Strata Titles Act 1998 , issue a separate folio of the Register for the building; or

(b) where the plan is intended to operate under the Strata Titles Act 1998 , issue a separate folio of the Register for each lot in the building.

(3)  A folio of the Register issued under subsection (2)(a) or (b) is to certify that a fee simple is vested in the person in whom it is declared to vest under section 75CD(1) and the fee simple so vests notwithstanding section 40 of the Land Titles Act 1980 .

(4)  The fee simple in the airspace above a rivulet and under and above a building remains vested in the Council.