Division Div 4 - Transfer of Land Act 1893 - Miscellaneous | ZoeWAIn ForceAct
Transfer of Land Act 1893
Div 4Miscellaneous
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Division 4 — Miscellaneous
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Seal of corporation substitute for signature 134
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Implied covenants and powers may be modified or negatived 135
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Property (seizure and sale) order, registration of etc. 135
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Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc. 140
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Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer 141
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Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land 142
Part IVA — Creation of easements and restrictive covenants by notations on subdivision plans and diagrams
136A. Term used: plan 143
136B. Application of this Part 143
136C. Notation of easements on subdivision plans 143
136D. Notation of restrictive covenants on subdivision plans 145
136E. Consent of certain persons required to creation of easements and restrictive covenants 146
136F. When easements and restrictive covenants under this Part have effect 147
136G. Easements and restrictive covenants under this Part may be effective for specified term only 147
136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor 147
136I. Recordings in Register 148
136J. Discharge and modification of easements and restrictive covenants under this Part 148
Part V — Caveats
136K. Term used: section 138A caveat; application of this Part 151
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Lodging caveats for land already under this Act 151
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Consequences of lodging caveat 153
138A. Caveats to which s. 138B to 138D apply 154
138B. Requiring caveator to seek court order extending s. 138A caveat 154
138C. Supreme Court’s powers on application by caveator 155
138D. Restrictions on caveators lodging further s. 138A caveats 156
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Effect of caveats 157
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Compensation for caveat lodged without reasonable cause 158
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Registrar’s duties when caveat lodged or lapses 158
141A. Requiring caveators to withdraw caveats or substantiate their claims 158
- Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases 159
Part VI — Powers of attorney and attestation of instruments
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Powers of attorney, creation and filing of 161
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Powers of attorney, effect of 162
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Signatures on documents, witnessing requirements 162
Part VII — Search certificates and stay orders
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Finding out whether proprietor is free to deal with land 165
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Person issued search certificate under s. 146 entitled to inspect certificate of title 165
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Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear 165
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Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s. 148 166
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Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s. 149 166
Part VIII — Surveys, plans, parcels and boundaries
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Crown survey boundaries as marked on ground are true boundaries 167
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Crown grant or lease conveys land within survey boundaries 167
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Aliquot parts of Crown section having excess of area 168
153A. Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc. 168
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How boundaries may be proved in absence of survey marks 169
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Margin of error allowed in description of boundaries 170
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Commissioner may require special survey of land 170
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Commissioner may require accuracy of survey to be verified 171
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Commissioner may disregard minute errors of dimensions 171
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Excess land may be apportioned between different owners or proprietors 172
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Commissioner’s powers where boundaries unclear in subdivision 172
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Plan to be made of subdivision proposed under s. 160 174
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Subdivision proposed under s. 160 to be advertised etc. 174
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Finalised subdivision, verification and effect of plan of 174
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Public notice to be given of finalised subdivision and plan 175
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Expense of survey ordered under s. 160, how paid 175
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New certificates of title on subdivision of land 176
166A. Subdivisions of Crown land 177
166B. Subsidiary certificates of Crown land title 178
- Number of allotment on plan of subdivision sufficient description for purposes of dealing 178
167A. Rights of way generally not public ways or thoroughfares 178
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Abuttals may be used in description of land in certificate 179
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Objects which may constitute abuttals 180
Part IX — Amendment of certificates and amendment or replacement of graphics
169A. Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land 181
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Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate 181
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Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him 181
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Form of application under s. 170 or 171 182
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How application under s. 170 or 171 to be dealt with 182
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Notice of s. 170 or 171 application to be given to owners etc. of adjourning land affected by it 183
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Notice of s. 170 or 171 application to be published and publicly displayed 183
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Person opposing s. 170 or 171 application may lodge caveat 184
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Applications under s. 170, 171 or 20 may be granted although other certificates may be affected 184
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Certificate of title and relevant graphics may be amended or replaced on granting application 185
Part X — Special powers and duties of the Commissioner and Registrar
- Commissioner may summons people to provide information 186
181A. Commissioner and Registrar may require supporting documentation or evidence or verification 188
181B. Commissioner and Registrar may require verification by statutory declaration 190
182AA. Prescribed fees may exceed cost recovery 194
182AB. Expiry of s. 182AA 195
182A. Commissioner and Registrar may determine requirements 196
182B. Publication of requirements 199
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Orders vesting trust estate 199
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Commissioner may make vesting order in cases of completed purchase 200
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Encumbrances which no longer affect title, powers to deal with 201
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Appointment of executor, administrator or Public Trustee, entry on Register and effect 201
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Powers of Registrar 202
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Registrar may correct apparent errors in instruments without direction of Commissioner 204
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Money received by Registrar 204
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Registrar may demand prescribed fees 205
192A. Registrar entitled to assume that lodging party has certain authorities from other interested parties 205
192B. Registrar may refuse lodgment for non‑compliance with certain requirements 206
192C. Commissioner may refuse to take action if requirements not complied with 207
192D. Registrar may refuse registration, noting or recording for non‑compliance with requirements 208
192E. Notice of non‑compliance under s. 192D 209
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Defective documents, rejection of 210
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Power to state case for Supreme Court 211
Part XI — Restrictions on, and recovery of, payments of compensation by State
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Moneys paid by State under s. 201 may be recovered 212
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State not liable in certain cases 213
Part XII — Actions and other remedies
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Officers not to be liable for acts done bona fide 215
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Registered proprietor protected against ejectment except in certain cases 215
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Court may direct cancellation of certificate or entry in Register in certain cases 216
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Compensation of person deprived of land 216
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Purchasers protected 218
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Owner may require Commissioner or Registrar to substantiate decision before Supreme Court 218
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Cost of summons and proceedings under s. 203 to be in discretion of court 219
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Actions for damages may in some cases be brought against Registrar as nominal defendant 219
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Actions for damages for loss due to inaccurate survey 220
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Actions for damages in certain other cases 220
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Claims for damages may be made to Commissioner before commencing court action 221
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Notice of action to be served 222
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Damages etc. awarded to be charged to Consolidated Account 222
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Limitation of actions 223
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Rules of Supreme Court to apply and same right of appeal as in ordinary actions 223
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Obligation to make discovery not excluded 224
214A. Effect of fraud 226
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Person entitled under will etc. may apply to be registered 227
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Application under s. 219, how dealt with 227
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Remainder‑man or reversioner may apply to be registered 228
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Person claiming title under statute of limitations may apply to be registered 229
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Application under s. 222, how dealt with 229
223A. Caveat against application 230
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Survivor of joint proprietors may apply to be registered 231
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Proprietors and transferees for time being to stand in place of previous owners 231
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Proprietor’s name, use of in court action by beneficiary etc. 231
229A. Easement not used or enjoyed for 20 years, removal of 232
229B. Orders made under s. 229A, effect of 233
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On s. 20 applications, easements not used for 20 years or more may be omitted from certificate 233
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Buildings on public roads etc. in Perth or Fremantle for 20 years or more 234
232B. Effect of using alternative means to provide consent, permission or approval 235
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Receipt for documents lodged 236
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Pending actions etc. not to affect dealings 236
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Trustees etc. of bankrupts etc. may apply to be registered 237
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Bankruptcy of proprietor not to affect dealings until s. 234 application or caveat lodged 237
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Tenant in tail 238
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Conditions of sale in Twenty‑sixth Schedule, adoption of 238
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Forms may be modified 238
238A. Registrar’s copy to be definitive 238
238B. Resubmission of document lodged electronically if data capture defective 239
- Inspection of Register and related documents; obtaining copies and print‑outs 241
239B. Evidentiary documents as to current and historical matters 243
240A. Notification of change of address or way of receiving notices electronically 244
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Interests disposed of or created by court order etc., registration of 245
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Registrar may cancel certificate of title when land revested in Crown 246
Part XV — Transitional provisions for Electronic Conveyancing Act 2014
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Term used: amending Act 247
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Transitional provision for s. 52(2) 247
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Transitional provision for s. 105(4) 247
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Transitional provision for s. 182A (requirements) 247