40Instruments not effectual until registered

40 Instruments not effectual until registered S. 40(1) amended by No. 6544 s. 6(3)(a)(b). (1) Subject to this Act no instrument until registered as in this Act provided shall be effectual to create vary extinguish or pass any estate or interest or encumbrance in on or over any land under the operation of this Act, but upon registration the estate or interest or encumbrance shall be created varied extinguished or pass in the manner and subject to the covenants and conditions specified in the instrument or by this Act prescribed or declared to be implied in instruments of a like nature. S. 40(2) amended by No. 23/2004 s. 8, repealed by No. 70/2014 s. 10. No. 5842 s. 41. S. 41 substituted by No. 18/1989 s. 12(Sch. 1 item 74).