Part 2Legal practitioner's certificate as to title to general law land

Part 2—Legal practitioner's certificate as to title to general law land (Possessory Title) To: The Registrar of Titles I of (Firm's name and address) Legal practitioner having examined the evidence of the possessory title to the land in the schedule including the documents produced herewith and set out in the schedule and the attached search notes and having made such searches and enquiries that I consider to be necessary DO CERTIFY THAT: 1. The last registered deed(s) which comprise the fee of the land is/are Book No. whereby of is the last registered owner subject to 2. I am satisfied that the applicant has acquired a title to the said land by possession.*1 3. Other than as stated below I am not aware of any mortgage or encumbrance affecting the land or that any person other than the applicant has or claims any estate or interest at law or in equity, in possession or expectancy any prior interest having been extinguished. (If there are none, write "NIL".) 4. The value of the land including all buildings and other improvements thereon is $ or thereabouts. 5. The land is not subject to control under the laws relating to bankruptcy or insolvency. 6. I hold an Australian practising certificate within the meaning of the Legal Profession Uniform Law (Victoria). 7. I am satisfied that no part of the land has for 30 years and upwards been used as road nor has it been dedicated or proclaimed as a public highway, nor has it vested in any body pursuant to any statute. Dated Signature SCHEDULE 1. Address of Property: 2. *Land:* (part of—whole of) Crown Allotment ( ) Section ( ) Parish of ( ) County of ( ) being land identified (state how) on Plan of Survey by the Surveyor ( ) dated ( ) a copy of which is annexed hereto. 3. Full name and address of applicant: 4. Documents produced and set out: (Give details)*2 *1. To do this the legal practitioner must, among other things, be satisfied that a person has entered into possession adverse to the owner at a time prior to the commencement of the Statutory period (see sections 8 and 23(1)(c) of the **Limitation of Actions Act 1958**) and that there has been an unbroken chain of possession since that time. *2. The evidence upon which the legal practitioner's certificate is based should, in the case of each witness, be by statutory declaration or affidavit to which there is exhibited a copy of the plan of survey. Each declaration or affidavit should be headed by reference to the matter of the **Transfer of Land Act 1958** and the matter of an Application by the Applicant (give name). All evidence relevant to title, including any deeds of assignment of possessory rights, should be set out in item 4 of the Schedule and produced. 5. Qualifications: (Here specify any qualifications the legal practitioner has with respect to the title. A reference to title acquired by possession for more than 15 years but less than 30 years should be included. A reference to any other defects in title should also be included e.g. missing deeds, or as the case may be.). Sch. 6 repealed by No. 9976 s. 11. S. 48. Nos 5842, 5934 s. 7. Sch. 7 amended by Nos 6433 s. 3 (as amended by No. 6489 s. 4), 9633 s. 10, substituted by No. 9858 s. 8, amended by Nos 9967 s. 12, 10167 s. 3(1), 18/1989 s. 12(Sch. 1 item 186(a)(b)), 57/1993 s. 21(a)–(c), 52/1994 s. 97(Sch. 3 item 32), 35/1996 s. 453(Sch. 1 item 83.15(a)(b)), 11/2001 s. 3(Sch. item 78.2), 88/2005 s. 117(Sch. 2 item 9), 75/2006 s. 192(Sch. 2 item 6.6) (as amended by No. 17/2007 s. 33), repealed by No. 80/2009 s. 71. Schs 8–11 repealed by No. 9976 s. 11. S. 72. Sch. 12. Twelfth Schedule—Right of carriage-way Together with full and free right and liberty to and for the registered proprietor for the time being of the land herein described [*or* hereby transferred *or as the case may be*] or any part thereof and his tenants servants agents workmen and visitors to go pass and repass at all times hereafter and for all purposes and either with or without horses or other animals carts or other carriages into and out of and from the said land or any part thereof through over and along the road or way or several roads or ways delineated [*and coloured brown*] on the said map [*or* plan of subdivision]. Sch. 13 repealed by No. 9976 s. 11. Sch. 14 amended by No. 6867 s. 2(Sch. 1), repealed by No. 9976 s. 11. S. 75. Sch. 15. Fifteenth Schedule—Covenant in mortgage to insure That I my executors administrators or transferees will insure and so long as any money shall remain secured by this mortgage keep insured against loss or damage by fire in the name of the mortgagee or his transferees in some public insurance office to be approved of by him or them all buildings fixtures or other improvements which shall for the time being be erected on the said land, and which shall be of a nature or kind capable of being so insured, to the amount either of the principal money hereby secured or of the full value of such buildings and will when required deposit with the mortgagee or his transferees the policy of such insurance and at least seven days before each premium is payable the receipt for such premium. And that the moneys which shall be received on account of such insurance shall at his or their option be applied either in or towards satisfaction of the moneys secured by this mortgage or in rebuilding or reinstating under the superintendence of his or their surveyor the buildings fixtures or other improvements destroyed or damaged. And that on any breach or non-observance of this covenant he or they shall be at liberty to effect such insurance and continue the same for such period as may be deemed fit and the costs and expenses paid on account thereof shall be a charge upon the said land and bear interest at the same rate as if principal money overdue. Schs 15A–16 repealed.[[9]](#endnote-10) S. 92. Sch. 17 amended by No. 18/1989 s. 12(Sch. 1 item 187 (a)–(c)), repealed by No. 80/2009 s. 72. S. 93. Sch. 18 amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 188), repealed by No. 80/2009 s. 72. Schs 19, 20 repealed.[[10]](#endnote-11) Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The **Transfer of Land Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).