14Application to bring land under the Act

14 Application to bring land under the Act

14 Application to bring land under the Act

Editorial note.

See Conveyancing Act 1919, sec 136 (3).

(1) Land not subject to the provisions of this Act may be brought under its provisions.

(2) Subject to this section, a primary application may be made by—

(a) a person claiming to be the person in whom is vested an estate in fee simple either at law or in equity in the land to which the application relates,

(b) a person claiming, in the land to which the application relates, an estate in possession, or in reversion, or in remainder, or a leasehold for a life or for lives or a leasehold having a term of not less than twenty-five years current at the time of making the application, or

(c) a person having the power to appoint an estate or interest referred to in paragraph (a) or (b) in the land to which the application relates, if the person obtains the consent of any other person whose consent to the exercise of the power is required and directs that the object of the power be named as proprietor in the folio of the Register to be created for that land.

(3) A primary application may not be made—

(a) by a person who has contracted to purchase the land to which the application relates, unless—

(i) the vendor consents in writing to the application, or

(ii) the whole of the purchase money has been paid to the vendor or the vendor’s authorised agent,

(b) by a person claiming to be entitled to a share of or interest in the land to which the application relates, unless the person entitled to the other share or shares or to any other interest or interests joins in the application for the purpose of bringing the entirety thereof under the provisions of this Act,

(c) by a mortgagor of the land to which the application relates, unless the mortgagee joins in or consents to the application,

(d) by a mortgagee of the land to which the application relates, unless—

(i) the mortgagor joins in or consents to the application, or

(ii) the Registrar-General is satisfied that the mortgagor is in default under the terms of the mortgage,