105Recording of writ in Register

#### 105 Recording of writ in Register 105 Recording of writ in Register > > (1) A writ, whether or not it is recorded in the Register, does not create any interest in land under the provisions of this Act. > > > (1A) An estate or interest in land under the provisions of this Act, being an estate or interest arising under a contract of sale under a writ, is not extinguished or otherwise affected merely because the writ subsequently expires. > > > > Note. > > > > Completion of the sale, including execution of the transfer, is authorised by section 116 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). > > > (2) Subject to subsections (3), (5) and (6), the Registrar-General may record a writ in the Register pursuant to an application in the approved form which— > > > > > (a) identifies, by reference to a folio of the Register or to a registered dealing, the land in respect of which the recording is sought, > > > > > (b) is accompanied by— > > > > > > > (i) a sealed copy of the writ, or > > > > > > > (ii) a copy of a sealed copy of the writ certified by the Sheriff to be a true copy, > > > > > (c) incorporates, or is accompanied by, a statutory declaration or, if the application is lodged electronically, other evidence verified in a way approved by the Registrar-General, that, to the satisfaction of the Registrar-General, identifies the judgment debtor named in the writ with the registered proprietor of the land comprised in that folio or registered dealing, and > > > > > (d) is lodged before the date shown on the writ as the date on which the writ expires. > > > (3) Where application is made under subsection (2) for the recording of a writ and it appears to the Registrar-General that the land to which the application relates is held by the registered proprietor in a fiduciary capacity the Registrar-General may refuse to record the writ unless it is proved to the Registrar-General’s satisfaction that the writ was issued pursuant to a judgment against the registered proprietor in that fiduciary capacity. > > > (4) A writ recorded in the Register with respect to a registered mortgage, charge or lease may be executed by the sale and transfer, in the approved form, of the mortgage, charge or lease. > > > (5) Where a writ is recorded in the Register, the Registrar-General shall not, unless the Registrar-General cancels that recording, record in the folio of the Register, or upon the registered dealing, upon which the writ was recorded a renewal of the writ or a second or subsequent writ that was issued on the same judgment. > > > (6) Where, at the time of lodgment of an application for the recording of a writ, a dealing for valuable consideration affecting the land identified under subsection (2) (a) in the application is awaiting registration and is in registrable form, the Registrar-General shall not record the writ unless— > > > > > (a) the dealing is withdrawn from registration, or > > > > > (b) the dealing does not dispose of the whole estate and interest in the land so identified and the application indicates to the satisfaction of the Registrar-General that, unless the dealing is subsequently withdrawn from registration, its registration is to precede the registration of any transfer giving effect to a sale under the writ. > > **s 105:** Am 1938 No 30, sec 8 (1) (g); 1956 No 12, sec 2 (k); 1970 No 23, sec 15 (g); 1970 No 52, Second Sch; 1973 No 9, Sch 2. Subst 1976 No 96, Sch 10 (5). Am 1979 No 164, Sch 17 (4); 2005 No 28, Sch 5.40 \[2\]–\[4\]; 2006 No 58, Sch 1.26 \[1\]; 2018 No 75, Sch 2 \[15\]; 2021 No 10, Sch 1.2\[8\].