5Caveat against dealings with the land

5 Caveat against dealings with the land

5 Caveat against dealings with the land

(1) This section does not have effect unless the land is brought under the provisions of the Real Property Act 1900.

(2) To the extent to which any caveat recorded by the Registrar-General in the Register kept under the Real Property Act 1900 forbids registration of a dealing inconsistent with the trusts referred to in section 4 (3), the caveat:

(a) does not operate to prevent:

(i) the registration of a mortgage given pursuant to section 4 (3),

(ii) the registration of an instrument referred to in section 4 (4) (a),

(iii) the registration of a person as proprietor pursuant to section 101 (2) of the Conveyancing Act 1919, or

(iv) the recording of an order referred to in section 62 (2) of the Real Property Act 1900, and

(b) shall be withdrawn by the Registrar-General upon any registration or recording referred to in paragraph (a) (ii), (iii) or (iv) taking effect.