NSWIn ForceAct
Real Property Act 1900
28EAOrdinary folio may be created in certain cases
Start here
Get a plain-English read of 28EA
Turn the raw legal text into a practical explanation grounded in Real Property Act 1900.
#### 28EA Ordinary folio may be created in certain cases
28EA Ordinary folio may be created in certain cases
> > (1) The Registrar-General may, instead of creating a qualified folio of the Register for land under section 28C, 28D or 28E, create an ordinary folio of the Register for the land if the Registrar-General is satisfied that, were the Registrar-General to create a qualified folio of the Register for the land, the only subsisting interests affecting the land would be one or more of the following—
> >
> > > (a) the interest of a mortgagor under a mortgage in respect of which the Registrar-General would be required by section 12B (2) to record the Registrar-General’s caveat,
> >
> > > (b) an interest that the Registrar-General would protect by recording the Registrar-General’s caveat under section 12 (1) (e) or (f),
> >
> > > (c) an interest that the Registrar-General would record in the qualified folio of the Register,
> >
> > > (d) an interest that, without any action by the Registrar-General referred to in paragraph (a), (b) or (c), would be preserved by section 42.
>
> > (2) The Registrar-General may create an ordinary folio of the Register under this section only for land the boundaries of which, in the opinion of the Registrar-General, are adequately defined without further survey definition.
>
> **s 28EA:** Ins 1976 No 96, Sch 5 (2). Am 1979 No 164, Sch 6 (7); 1980 No 193, Sch 1 (4); 2005 No 68, Sch 1 \[1\].