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Real Property Act 1886
Div 1Registration of title in the Register Book
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Division 1—Registration of title in the Register Book
47—Registration of title in the Register Book
This Division applies to, and in relation to, the registration of title to land in the Register Book.
49—Folios in Register Book
Each certificate of title shall constitute a separate folium of the Register Book, and the Registrar-General shall record thereon distinctly and separately all memorials affecting the land included in each certificate.
51—Requirements of memorial
Every memorial entered in the Register Book shall be sealed with the seal of the Registrar-General, and shall state the nature of the instrument to which it relates and such other particulars as the Registrar-General directs, and shall refer by number or symbol to such instrument.
51A—Evidentiary
(1) Subject to this Act, a certificate of title must be accepted in legal proceedings as conclusive evidence of title to land and to any other estate or interest in land that it records and as evidence (which may be rebutted) of any other information that it records.
(2) A document that purports to have been certified by the Registrar-General to be a correct copy of a certificate of title may be accepted in legal proceedings as if it were the certificate of title.
Division 2—Registration of title by other methods
51B—Registration of title electronically etc
Where the Registrar-General is required by this or any other Act or any other law to register title to land or record any other information relating to land, the Registrar‑General may register the title or record the information by an electronic, electromagnetic, optical or photographic process and, in that case, the provisions of this Act (excluding Division 1) and any other relevant Act will be construed so as to apply to, and in relation to, the registration of title or recording of information by that process and in particular—
(a) the term Register Book will be taken to include the records maintained by the Registrar-General pursuant to this section relating to the land;
(b) the term certificate or certificate of title will be taken to mean the records maintained by the Registrar‑General under this section relating to the land;
(e) a requirement that a record relating to the land be made in the Register Book or on the certificate of title for the land will be satisfied if the Registrar‑General makes the record by an electronic, electromagnetic, optical or photographic process.
51C—Issuing certificates of title
(1) If title to land is registered under this Division, the Registrar‑General must issue a certificate of title setting out the registered proprietor's estate or interest in the land and the encumbrances, liens or other interests (if any) to which the estate or interest is subject.
(2) The Registrar‑General may cancel a certificate of title and issue a new certificate in its place—
(a) when registering an instrument dealing with or affecting the registered proprietor's estate or interest in the land; or
(b) if, in the Registrar‑General's opinion, a record should be made on the title.
(3) Despite subsection (1), the Registrar‑General may withhold the issue of a certificate of title if in his or her opinion proper reasons exist for doing so.
51D—Evidentiary
(1) Subject to this Act a statement (that has been certified by the Registrar-General) of—
(a) title to land or to any estate or interest in land recorded by the Registrar‑General under this Division must be accepted in legal proceedings as conclusive evidence of title to land or to any estate or interest in land; and
(b) any other information recorded by the Registrar-General under this Division must be accepted in legal proceedings as evidence (which may be rebutted) of that information.
(2) A statement referred to in subsection (1) that purports to have been certified by the Registrar-General must be taken in legal proceedings, in the absence of proof to the contrary, to have been so certified.