29DWhen is a person presently entitled to become the registered proprietor?

29D When is a person presently entitled to become the registered proprietor?

(1) For the purposes of section 29B(2), a person is not presently entitled to become the registered proprietor of land unless the person is, at the date of making the relevant contract, entitled to be registered as proprietor under—

(a) one or more registrable instruments lodged in the Office of Titles; or

(b) one or more applications under Division 2 of Part IV of the Transfer of Land Act 1958 lodged in the Office of Titles.

(2) For the purposes of this section, an instrument or application that is, at the relevant time, lodged in the Office of Titles is deemed to be and always to have been registrable despite any defect in the instrument or application if—

(a) the instrument is registered or the application is granted without having been returned by the Registrar or withdrawn from the Office of Titles; or

(b) the Registrar certifies in writing that he or she is satisfied that the defect was not of a substantial nature and that it has been remedied.

S. 29E inserted by No. 6/2008 s. 33.