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Land Titles Act 1925
170Sales by order of court etc
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170 Sales by order of court etc
(1) No writ of fieri facias or other writ of execution shall bind, charge or
affect any land or interest under this Act, but whenever any land or
any interest in land under this Act is seized or sold under any
direction, decree or order of the court the registrar-general, on being
served with an office copy of the writ, direction, decree or order, as
the case may be, shall enter in the folio of the register relating to that
land or interest the date of the writ, direction, decree or order, and the
date and hour of the production thereof.
(2) After the entry the person authorised by the court to seize or sell the
land or interest shall do such acts and execute such instruments as
under this Act are necessary to transfer or otherwise to deal with the
interest.
(3) Unless and until the entry has been made no such writ shall bind or
affect any land under this Act or any interest therein, nor shall any
sale or transfer thereunder be valid as against a purchaser or
mortgagee notwithstanding the writ was actually in the hands of the
proper officer of the court at the time of any purchase or mortgage, or
notwithstanding the purchaser or mortgagee had actual or
constructive notice of the issue of the writ.
(4) Subsection (3) applies to and in relation to land subject to a charge
securing the payment of an amount to the Territory under section
108B in the same manner and to the same extent as if the notice of
the determination made under the Rates and Land Rent (Relief)
Act 1970, section 3 in respect of the land were a mortgage securing
the payment to the Territory of an amount equal to the amount for the
time being secured by the charge.
(5) Upon production to the registrar-general of sufficient evidence of the
satisfaction of any writ so entered, he or she shall enter in the register
a memorandum to that effect, and the writ shall be deemed to be
satisfied accordingly.
(6) No writ of execution shall bind any land under this Act, nor shall any
transfer on a sale of the land under the writ be registered, unless a true
copy of the writ is served on the registrar-general within 6 months
from the teste date of the writ, or date of any renewal thereof, for the
purpose of making the entries described in this section.
(7) Every such writ shall be deemed to have lapsed unless it is executed
and put in force within 3 months from the day on which it was entered
(8) In this section:
writ of execution means a writ or warrant of execution after judgment
in any court, and includes an enforcement order under the rules under
the Court Procedures Act 2004.