27BCertificates of title 57

27B Certificates of title 57 27BAA Declaration voiding certificates of title 60 27BA Power not to destroy certain certificates of title 61 27C Record of dealings 61 27D Evidence 61 27F Construction of references 63 27G Record of plans 66 28 Creation of folio of the Register 68 29 Registration of grants and certificates 70 30 Joint proprietors 70 31 Lost grant or certificate etc. 71 32 Issue of new certificate of title 71 33 Instruments when registered 72 34 Instruments entitled to priority according to date of lodgment for registration 72 34A Dealings may be registered together 73 37 Entry of trusts in Register 74 38 Grants and certificates endorsed "no survivorship" 74 39 Dealings registered prior to issue of Crown grant 75 Effect of registration 75 40 Instruments not effectual until registered 75 41 Certificate to be conclusive evidence of title 76 42 Estate of registered proprietor paramount 76 43 Persons dealing with registered proprietor not affected by notice 78 44 Certificate etc. void for fraud 78 Part IIIB—Registry instruments 80 44O Powers of Registrar 80 44P Duty of Registrar in relation to priority of registry instruments 81 44Q ELN malfunction 81 44R Evidence of registry instruments 81 44S Electronic certification of registry instrument 82 Part IV—Registration of dealings with land 84 Division 1—Transfers 84 45 Form of transfer 84 46 Transfer to include right to sue 84 47 Power to Registrar to make a vesting order in cases of completed purchase 85 Division 2—Transmissions 86 49 Registration of personal representatives 86 50 Registration of survivor of joint proprietors of fee simple lease mortgage etc. 87 51 Registration of trustee of bankrupt 87 Division 3—Sales by sheriff etc. 88 52 Sale under writ of fieri facias or decree of Supreme Court etc. 88 Division 4—Acquisition by statute, order of Court etc. 91 53 Acquiring authority 91 54 Issue of certificates of title in respect of lands vested in acquiring authority 91 55 Registrar to make necessary cancellations entries etc. 92 56 Acquiring authority to be responsible to persons injured by issue of certificate etc. 93 57 Notice to be given to Registrar of intention to acquire land compulsorily 93 58 Registrar to give effect to order vesting trust estate 94 59 Application to become registered proprietor by person who land is vested in by Act or court order 95 59A Amendment of Register to reflect successor at law 95 Division 5—Acquisition by possession 96 60 Application for order by person claiming title by possession 96 61 Caveat 97 62 Power to make vesting order 98 Division 7—Leases 99 66 Leases 99 67 Covenants to be implied in leases 100 67A Variation of registered leases 101 68 Foreclosure or surrender of mortgaged lease where lessee is bankrupt 102 69 Surrender of lease 103 70 Recovery of possession by lessors and determination of leases to be entered in Register 104 71 Sub-leases 104 Division 8—Easements 105 72 Notification of easements in Register 105 73 Removal of easement etc. 106 73A Abandonment of easement of right of way 108 73B Right of carriageway 108 Division 9—Mortgages and annuities 109 74 Creation and nature of mortgages and charges 109 75 Covenants to be implied in every mortgage 110 75A Variation of registered mortgage 110 75B Variation of priority of mortgages and charges 111 76 Procedure in case of default in payment of moneys secured 112 77 Power of sale under a mortgage or charge 112 78 Power to mortgagee or annuitant to enter into possession or bring ejectment 115 79 Foreclosure 115 81 Other rights etc. of first mortgagee 117 82 Application of moneys obtained from actions by the mortgagor 118 83 Application of moneys obtained in proceedings by a mortgagee 119 84 Discharge of mortgages and annuities 119 85 Mortgage money payable to Treasurer if mortgagee absent from Victoria and mortgage discharged 121 86 First mortgagee to produce certificate of title for registration of subsequent instrument 122 87 Puisne mortgagee may tender payment 123 87A Mortgagee to verify identity of mortgagor for execution of mortgage or variation of mortgage 123 87B Transfer of mortgage—transferee to confirm, or verify, identity of mortgagor 124 87C Mortgagee or annuitant consent required for lease, easement or restrictive covenant 126 87D Registered proprietor in case of fraudulent mortgage 127 87E Amount recoverable by mortgagee under section 77 in case of fraudulent mortgage 127 Division 10—Restrictive covenants, charges etc. 128 88 Notification of restrictive covenants 128 Division 11—Mortgagee or annuitant may apply for removal or reinstatement of a lease, easement or restrictive covenant 130 88A Mortgagee or annuitant may apply for removal or reinstatement of lease if no consent 130 88B Mortgagee or annuitant may apply for removal, or removal of a variation, of easement or restrictive covenant if no consent 132 Part V—Incidental provisions 134 Division 1—Caveats against dealings 134 89 Caveats temporarily forbidding dealings with lands 134 89A Removal of caveat on application to Registrar 135 90 Except in certain cases caveat to lapse after thirty days notice given to caveator 137 91 No entry to be made in Register affecting land in respect of which caveat in force 139 Division 1A—Recorded common provisions 141 91A Recording of common provisions 141 91B Incorporation of common provisions 141 Division 1B—Priority notices 142 91C Priority notice 142 91D Lodgement of priority notice 142 91E Instruments lodged after priority notice 142 91F Certain instruments not affected by priority notice 143 91FA Extension of priority notice 143 91G Expiry or withdrawal of priority notice 143 91H Instrument lodged must match instrument described in any applicable priority notice 144 91I Proceedings may be brought by a person adversely affected by priority notice 144 91J Compensation for lodging priority notice without reasonable cause 145 Division 2A—Client authorisation 145 91K Client authorisations 145 91L Effect of client authorisation 146 Division 2B—Signatures 146 91M Reliance on, and repudiation of, signatures 146 Division 3—Powers of attorney 148 94 Powers of attorney and revocation thereof 148 Division 4—Surveys and subdivisions 149 95 Requirements as to surveys 149 96 Abuttals used in description of land 149 97 Requirements as to plans of subdivision etc. 150 97A Application for approval of plan of consolidation 152 98 Easements arising from plan of subdivision 153 98A As to relationship between title to stratum estate and shares in service company etc. 154 98B Restriction on amendment of memorandum articles or rules affecting shares in service company 155 98C Registration of service agreement 156 98CA Conversion of building subdivisions 157 98CB Procedure if Registrar is satisfied that plan is suitable for registration 158 98CC Cancellation of plan of building subdivision and registration of the plan of subdivision 160 98CD Effect of registration of plan of subdivision 162 98CE Power of courts to consent or dispense 164 98CF Special provisions 164 Division 4A—Share interests 165 98D Issue of certificates of title for share interests 165 Division 5—Amendment of the Register etc. 166 99 Application by proprietor for amendment of Register 166 100 Caveats 167 101 Grant of application 167 102 Adjustment of discrepancies in boundaries 168 103 General provision as to correction of errors etc. 169 Division 6—General powers of Registrar 171 104 Registrar may require documents and information 171 105 Registrar to refuse registration if documents or evidence not supplied 172 106 Powers of Registrar 172 106A Registrar's requirements for conveyancing transactions 174 106B Notice of a statutory charge 176 106C Application to Registrar under other Act 176 Part VI—General 177 Division 1—Financial 177 107 Application of fees and penalties 177 108 Assurance contributions 177 108A Withdrawal, refusal or rejection of applications etc. 179 109 Application of Consolidated Fund 180 110 Entitlement to indemnity 182 111 Application to Registrar for indemnity without bringing action 185 Division 2—Miscellaneous 186 112 Implied covenants and powers 186 113 Service of notices 186 114 Inspection of Register and record of dealings 188 114A Destruction of unwanted documents 189 115 Registrar to deal with lodging party 189 116 Summoning Registrar to show cause 190 116A Application to Court for order requiring production of document 191 117 Officers not to be liable for acts done bona fide 192 118 Compensation for lodging caveat without reasonable cause 193 119 Offences and penalties 193 120 Regulations 194 121 Approved forms 198 122 Information required by other authorities 201 Part VII—Transitional 202 123 Mortgages under general law deemed to be mortgages under this Act 202 124 Limited folios and qualified folios 202 125 Search of title 202 126 Reconstruction of references to Registrar-General 203 127 Duplicate Crown grants for Crown leases 203 128 Contracts entered into before amendment of Seventh Schedule 203 129 Creation of certificate of title—transitional provision 204 130 Contracts referring to Table A—transitional provision 204 131 Transitional Provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 204 Schedules 205 Fifth Schedule 206