113Bringing land under Land Titles Act 1980

113 Bringing land under Land Titles Act 1980

(1)  If a plan of subdivision approved by the council and lodged in the office of the Recorder of Titles includes any adjoining land to be added that is not under the provisions of the Land Titles Act 1980 , the Recorder is not to take any further action upon the plan until applications to bring the land under those provisions have been made under section 11 of that Act .

(2)  If a plan of subdivision is fit for acceptance and the Recorder of Titles is in a position to bring under the provisions of the Land Titles Act 1980 all the land comprised in the plan that is not already under the provisions of that Act, the Recorder is to notify the council and the owner that the plan is available for the purposes for which it is approved.

(3)  If a plan is approved for the purpose of section 111 (1) (c) –

(a) the Recorder of Titles is not to accept the plan until either the sub-minimum lot or the adjoining land is free from mortgages or encumbrances; and

(b) on acceptance of the plan, a mortgage or encumbrance on the one extends to the other.

(4)  If all the transfers necessary to achieve the purposes for which a plan is approved are not lodged within 3 years after the date of the notification under subsection (2) –

(a) the plan is void; and

(b) the Recorder of Titles is to cancel the plan and return it to the council; and

(c) the council is to cancel its seal on the plan.