53Dealing may be registered prior to grant from the Crown

53 Dealing may be registered prior to grant from the Crown

(1)  [Section 53 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 53 Subsection (1) amended by No. 27 of 2000, s. 4, Applied:01 Jul 1995] Where a dealing is lodged with the Recorder for registration, accompanied by a receipt of, or a receipt purporting to be signed on behalf of the Treasurer, the Director-General of Lands, the Surveyor-General, or the managing director of Tasmania Development and Resources, acknowledging payment of all money required to be paid for a grant in fee of land affected by the dealing from the Crown to the person executing the dealing, the Recorder shall, subject to subsection (4) , record upon the receipt particulars of the dealing.

(2)  Where particulars of a dealing are recorded pursuant to subsection (1)  –

(a) the dealing shall be held to be duly registered under this Act; and

(b) the person named in the recording shall be held to be duly registered as proprietor of the estate or interest specified in the recording.

(3)  [Section 53 Subsection (3) amended by No. 23 of 2021, s. 54, Applied:01 Jan 2022] On registering a dealing pursuant to subsection (1) , the Recorder shall retain the receipt and dealing in the office of the Recorder until a transfer granting the land by the Crown is registered; and the Recorder shall then record on the folio of the Register created pursuant to that transfer every dealing recorded upon the receipt.

(4)  The Recorder is not bound to record under subsection (1) any dealing relating to part of the land to which the receipt relates.