32Transfer of interests in part of land

32 Transfer of interests in part of land

(1)  In this section –

non-transferred part of the land, in relation to an area of land, means a part of the land that is a part to which an interest transferred in accordance with subsection (2) does not relate;

Recorder means the Recorder of Titles appointed pursuant to section 4(1) of the Land Titles Act 1980 ;

transferred part of the land, in relation to an area of land, means a part of the land that is a part to which an interest transferred in accordance with subsection (2) relates.

(2)  A transfer order may transfer an interest, or all of the interests, of the transferor in respect of part of an area of land vested in the transferor.

(3)  A transfer order that transfers an interest in part of an area of land in accordance with subsection (2) must –

(a) contain a plan that –

(i) identifies the interest and the transferred part of the land to which the interest relates; and

(ii) describes the size and boundary of the transferred part of the land; and

(iii) describes the boundary of the non-transferred part of the land; or

(b) otherwise describe the interest.

(4)  Without limiting the interests that may be transferred by a transfer order, a transfer order that transfers an interest in part of an area of land in accordance with subsection (2) may, in the terms specified in the order, do either or both of the following:

(a) create or amend an interest, in favour of the transferee, that burdens the non-transferred part of the land;

(b) create or amend an interest, in favour of the transferor, that burdens the transferred part of the land.