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Real Property Act 1886
Part 7Certificates of title
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Part 7—Certificates of title
74—Joint tenants and tenants in common
Two or more persons registered as joint proprietors of an estate or interest in land shall be deemed to be entitled to the same as joint tenants; and in all cases where 2 or more persons are entitled as tenants in common to an estate of freehold in any land, the certificate must state the shares in which they hold the land.
75—Certificates for remainder and reversions
The proprietor of an estate of freehold in remainder or reversion in land, for a life estate in which a certificate has already been issued, may have the estate registered on the certificate issued for the life estate, or a separate certificate for the estate, which shall refer to the certificate of the particular estate.
76—Mode of inheritance or succession shall be implied
Every certificate, or other instrument of title issued to or made in favour of a corporation, aggregate or sole, shall be deemed to extend to and include the successors of such corporation, and every such certificate or instrument of title issued to or made in favour of any person shall be deemed to extend to and include the legal representatives of such person.
77—Memorials on certificates
The Registrar-General shall record on every certificate issued by him, and in such manner as to preserve their respective priorities, memorials of all subsisting mortgages, leases, and encumbrances, and of any dower or rent-charge to which the land may be subject; and if such certificate be issued to a minor or to a person otherwise under disability, he shall record thereon the age of such minor or the nature of the disability so far as known to him.
78—Issue of new certificate on application
Upon the application of any registered proprietor holding land under 1 or more certificates, it shall be lawful for the Registrar-General to issue to such proprietor 1 certificate for the whole of such land, or several certificates each comprising portion of such land, in accordance with such application; and upon issuing any such new certificate the Registrar-General shall cancel the certificates, and shall endorse thereon a memorandum, setting forth the occasion of such cancellation, and referring to the new certificate issued in lieu thereof.
78A—Issue of new certificate on alteration etc
Where—
(a) this Act or another Act or any other law requires the Registrar‑General to enter or endorse a memorial or memorandum or make any other entry, endorsement or notation on a certificate; or
(b) in the opinion of the Registrar‑General he or she should enter or endorse a memorial or memorandum or make any other entry, endorsement or notation on a certificate or correct an error in or make any other alteration to a certificate,
the Registrar‑General may issue a new certificate that includes the memorial, memorandum, entry, endorsement, notation, correction or other alteration in place of the existing certificate.