ACTIn ForceAct
Land Titles Act 1925
58Estate of registered proprietor paramount
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58 Estate of registered proprietor paramount
(1) Notwithstanding the existence in any other person of any interest,
whether derived by grant from the Crown or otherwise, which but for
this Act might be held to be paramount or to have priority, a person
becoming registered as proprietor of land or of any interest in land
under this Act shall, except in case of fraud, hold the land or interest,
subject to such interests as are notified on the folio of the register for
the land, but absolutely free from all other interests whatsoever except
as to—
(a) the interest of a proprietor claiming the same land under a prior
entry in the register; and
(b) any right of way or other easement created in or existing upon
the same land which is not described, or is misdescribed in the
register; and
(c) any portion of land that may by wrong description of parcels or
of boundaries be included in the register as land or an interest
held by the registered proprietor, not being a purchaser or
mortgagee thereof for value, or deriving from or through a
purchaser or mortgagee thereof for value; and
(d) any prior tenancy for a term not exceeding 3 years; and
(e) any leases, licences or other authorities granted by the Territory
and in respect of which no provision for registration is made;
and
(f) any unpaid duty, rates, taxes or other moneys which are
expressly declared by any Act or law to be a charge upon land.
(2) The land which is included in the register is taken to be subject to the
reservations, exceptions, conditions and powers (if any) contained in
the grant thereof.