138DRecorder may make vesting order in certain circumstances when purchaser in possession

138D Recorder may make vesting order in certain circumstances when purchaser in possession

[Section 138D Inserted by No. 4 of 2001, s. 16, Applied:12 Apr 2001]

(1)  [Section 138D Subsection (1) amended by No. 23 of 2021, s. 105, Applied:01 Jan 2022] [Section 138D Subsection (1) amended by No. 23 of 2021, s. 105, Applied:01 Jan 2022] If, on application to the Recorder, it is proved to the Recorder’s satisfaction that the applicant–

(a) [Section 138D Subsection (1) amended by No. 23 of 2021, s. 105, Applied:01 Jan 2022] is in possession of registered land and no claim to recover the land has been made by the registered proprietor of that land or the registered proprietor’s heirs, personal representatives or assigns; and

(b) is entitled in equity and good conscience to be registered as proprietor of an estate in fee simple in the land in consequence of a sale of the land; and

(c) [Section 138D Subsection (1) amended by No. 23 of 2021, s. 105, Applied:01 Jan 2022] is unable to obtain a transfer of the land from the registered proprietor of the land because the registered proprietor is dead or residing out of Tasmania or cannot be found or for any reason it is impracticable to obtain the registered proprietor’s signature within a reasonable time–

the Recorder may, if in the Recorder’s opinion the case can properly be dealt with under this section rather than by an application under section 138W , make an order vesting the land in that person for an estate in fee simple.

(1A)  [Section 138D Subsection (1A) inserted by No. 36 of 2012, s. 35, Applied:13 Nov 2012] An order under subsection (1) may be made only with respect to the whole of the land described in a folio of the Register.

(2)  Where the sale referred to in subsection (1) was not made by the registered proprietor, the Recorder must not make an order under that subsection unless –