(d) a warning in the form of Part IV of the Fifth Schedule and a warning in the form of Part V of the Fifth Schedule; or (e) a warning in the form of Part V of the Fifth Schedule; S. 4(1) def. of qualified folio inserted by No. 18/1989 s. 5(f), repealed by No. 85/1998 s. 5(2)(d). * * * * * S. 4(1) def. of record of dealings inserted by No. 18/1989 s. 5(f). record of dealings means the record of dealings under section 27C; S. 4(1) def. of qualified title inserted by No. 128/1986 s. 4(b), repealed by No. 18/1989 s. 5(b). * * * * * s. 4 S. 4(1) def. of recorded common provision inserted by No. 9976 s. 4(b). recorded common provision means a provision in a memorandum retained by the Registrar pursuant to section 91A; S. 4(1) def. of Register inserted by No. 80/2009 s. 3(d). Register means the Register of land kept under section 27; S. 4(1) def. of registered proprietor amended by Nos 18/1989 s. 12(Sch. 1 item 1), 85/1998 s. 5(2)(e). registered proprietor means any person appearing by the Register (other than an identified folio) or by any registered instrument to be the proprietor of any estate or interest in land;
(m) to a qualified folio includes a reference to a certificate of title in the form of Part I of the Fifth Schedule as in force immediately before the date of commencement of this section, on which there is noted a warning in the form of Part III of that Schedule, a warning in the form of Part IV of that Schedule or both those warnings; and (n) to a limited folio includes a reference to— (i) a certificate of title in the form of Part II of the Fifth Schedule as in force immediately before the date of commencement of this section; and (ii) a certificate of title in the form of Part I of the Fifth Schedule as in force immediately before the date of commencement of this section that includes a limitation in the form of Part II of that Schedule as in force on or after that date; and S. 27F(3)(o) amended by No. 80/2009 s. 16(c). (o) to the deletion of a recording from the Register includes a reference to the cancellation of any entry, memorandum or endorsement in the Register Book; and s. 27F (p) to the production of a certificate of title includes a reference to the issue of a duplicate Crown grant or a duplicate certificate of title in the form of Part I of the Fifth Schedule as in force immediately before that date of commencement; and (q) to a certificate of title includes a reference to—
appropriate, of recordings in the record of plans; and (c) any provision requiring or permitting the substitution of sheets in a registered plan required or permitted the substitution of recordings in the record of plans; and (d) any provision requiring or permitting the cancellation of a plan required or permitted the deletion of appropriate recordings in the record of plans. (6) Section 27D(1) applies to a recording in the record of plans as if it were a folio of the Register. (7) On the application of any person or for the purpose of any legal proceeding, the Registrar may issue a certified copy of any recording made in the record of plans, and that copy is admissible in any legal proceeding. Heading preceding s. 28 repealed by No. 18/1989 s. 12(Sch. 1 item 44). * * * * * No. 5842 s. 28. S. 28 (Heading) inserted by No. 39/2006 s. 4(1). s. 28 28 Creation of folio of the Register and certificate of title S. 28(1) amended by Nos 18/1989 s. 12(Sch. 1 item 45(a)(b)), 49/2001 s. 8(1), substituted by No. 39/2006 s. 4(2). (1) On receipt of a Crown grant in fee or by way of a perpetual lease or a lease for years, in accordance with section 8, the Registrar must— (a) register the Crown grant; and (b) create a folio of the Register for the land to which the Crown grant relates; and (c) cancel the Crown grant.
S. 44J(2) amended by No. 80/2009 s. 26. (2) The person must comply with a requirement under subsection (1) within the period (being not less than 30 days) specified in the notice. (3) If a person fails to comply with a notice under subsection (1), the Registrar may terminate that person's access to the electronic lodgement network. S. 44K inserted by No. 23/2004 s. 6. 44K Registrar may specify matters to be certified s. 44K The Registrar, by notice published in the Government Gazette, may specify— (a) any matters relating to an electronic instrument that must be certified under this Part; and (b) the method of electronic certification required for those matters; and (c) the class or classes of person who may certify those matters. S. 44L inserted by No. 23/2004 s. 6. 44L Evidence of electronic instruments (1) The Registrar must, on the application of any person, produce a document in writing recording information contained in an electronic instrument that has been lodged for registration under this Act. (2) A document produced under subsection (1) must be certified by the Registrar as a true representation of the information in the electronic instrument. (3) A document certified under subsection (2) is evidence of the matters contained in the document. (4) An application under this section must be in the appropriate approved form and be accompanied by the prescribed fee (if any).
No. 5842 s. 53. 53 Acquiring authority (1) In this Division acquiring authority means any person corporation or body of persons authorized by or under any Victorian or Commonwealth Act or law to acquire land compulsorily. s. 53 (2) The provisions of this Division shall be read and construed as in aid of and not in derogation from the provisions of any other Act or enactment or law whereby an acquiring authority may become registered as the proprietor of any land acquired by or vested in that authority. (3) Apart from the operation of Part III nothing in this Act shall affect or delay the vesting in any acquiring authority of any land by virtue of any other Act or law. No. 5842 s. 54. S. 54 amended by Nos 9976 s. 11, 121/1986 s. 112, 53/1988 s. 45(Sch. 2 item 82) (as amended by No. 47/1989 s. 4(5)). 54 Issue of certificates of title in respect of lands vested in acquiring authority Notwithstanding anything in any Act where any land vests, whether free from encumbrances or subject to any particular encumbrances, in any acquiring authority by the operation of the Land Acquisition and Compensation Act 1986 or of any other Victorian or Commonwealth enactment without transfer or conveyance thereto, and a plan of subdivision is not required by section 35 of the Subdivision Act 1988, upon the granting of an application made in an appropriate approved form by the acquiring authority (which application shall be made as soon as practicable after the vesting)— S. 54(a) amended by No. 18/1989 s. 12(Sch. 1 item 85(a)(i)(ii)). (a) where the land so vested is under the operation of this Act—the acquiring authority shall, without any further transfer conveyance disposition or assurance or the production of any certificate of title or any other instrument or document, be registered
S. 72(2A)(b) amended by Nos 48/1991 s. 51, 57/1993 s. 19(2)(a). (b) if the creation of the easement is authorised by a planning scheme or permit under the Planning and Environment Act 1987; S. 72(2A)(c) repealed by No. 57/1993 s. 19(2)(b). * * * * * S. 72(2B) inserted by No. 85/1998 s. 12. s. 73 (2B) The Registrar may accept a legal practitioner's certificate as evidence of the creation of an easement over or upon or appurtenant to any land under this Act. S. 72(3) amended by No. 18/1989 s. 12(Sch. 1 item 104). (3) When in any folio of the Register or instrument an easement is referred to or created or reserved by the use of the words "Together with [or Reserving] a right of carriage-way over" [specifying the roads subject to the easement and referring to a map or plan of subdivision] such words shall have the same effect and shall be construed as if the words contained in the Twelfth Schedule had been inserted in the folio of the Register or instrument. No. 5842 s. 73. 73 Removal of easement etc. S. 73(1) amended by Nos 9976 s. 11, 18/1989 s. 12(Sch. 1 item 105). (1) A registered proprietor may make application in an appropriate approved form to the Registrar for the deletion from the Register of any easement in whole or in part where it has been abandoned or extinguished. S. 73(1A) inserted by No. 53/1988 s. 45(Sch. 2 item 85) (as amended by No. 47/1989 s. 6(4)). (1A) Subsection (1) does not apply to the removal of an easement in whole or in part if— (a) the removal is part of a plan of subdivision or consolidation; or S. 73(1A)(b) amended by No. 48/1991 s. 51. (b) the removal is authorised by a planning scheme or permit under the Planning and Environment Act 1987; or
Division 10—Restrictive covenants, charges etc. No. 5842 s. 88. 88 Notification of restrictive covenants s. 88 S. 88(1) amended by Nos 7130 s. 2(a)(i)(ii), 18/1989 s. 12(Sch. 1 item 123), substituted by No. 80/2009 s. 44(1). (1) The Registrar has the power, and is taken to have always had the power, to record on a folio of the Register— (a) a restrictive covenant affecting the parcel or parcels of land to which the folio of the Register relates, if all of the registered proprietors of the land to be affected by the covenant and any mortgagees of such land agree to the creation of the restrictive covenant; and (b) subject to subsections (1AA), (1AB) and (1AC), any instrument purporting to vary or release the operation of a restrictive covenant. S. 88(1AA) inserted by No. 80/2009 s. 44(1). (1AA) A recording on a folio of a restrictive covenant that was created by a plan of subdivision or consolidation must not be deleted or amended by the Registrar unless the restrictive covenant is released or varied by— (a) a plan of subdivision or consolidation; or (b) a planning scheme or permit under the Planning and Environment Act 1987; or (c) an order of a court. S. 88(1AB) inserted by No. 80/2009 s. 44(1). (1AB) A recording on a folio of a restrictive covenant that was authorised by a planning scheme or permit under the Planning and Environment Act 1987 must not be deleted or amended by the Registrar unless the restrictive covenant is released or varied by— (a) a plan of subdivision or consolidation; or
S. 88(2) amended by Nos 9324 s. 9976 s. 11, 18/1989 s. 12(Sch. 1 item 124(a)–(c)). s. 88 (2) Where in pursuance of any Victorian or Commonwealth Act a charge on land or any other right in the nature of a charge or an easement or any other right over or affecting land is acquired (other than a tax or rate or charge which need not be specially recorded in the Register) upon such charge easement or right being acquired the authority or person concerned may lodge with the Registrar a notification in an appropriate approved form specifying the volume and folium of any relevant folio of the Register and the Crown description of any land affected thereby; and the Registrar may on any relevant folio of the Register make an appropriate recording of such charge easement or right. S. 88(3) amended by No. 9324 s. 7(1)(b), 18/1989 s. 12(Sch. 1 item 125). (3) Apart from the operation of Part III a recording in the Register of any such restrictive covenant charge easement or right shall not give it any greater operation than it has under the instrument or Act creating it. _______________ Division 1—Caveats against dealings No. 5842 s. 89. s. 89 89 Caveats temporarily forbidding dealings with lands S. 89(1) amended by Nos 9324 s. 8(a)(b), 9976 s. 11, 10128 s. 6(2). (1) Any person claiming any estate or interest in land under any unregistered instrument or dealing or by devolution in law or otherwise or his agent may lodge with the Registrar a caveat in an appropriate approved form forbidding the registration of any person as transferee or proprietor of and of any instrument affecting such estate or interest either absolutely or conditionally and may, at any time, by lodging with the Registrar an instrument in an appropriate approved form, withdraw the caveat as to the whole or any part of the land.
(a) the boundaries of the allotments on the plan of building subdivision other than those determined by levels substantially agree with the corresponding boundaries of the lots on the plan of subdivision; and (b) the plan of subdivision is suitable for registration under the Subdivision Act 1988— the Registrar must comply with subsection (2). S. 98CB(1A) inserted by No. 48/1991 s. 49(1). (1A) If a plan of subdivision adopts the interior face of a wall, ceiling or floor of a part of a building as a boundary of a lot on a plan of subdivision, the Registrar may accept that boundary as substantially or, where necessary, exactly agreeing with the corresponding boundary of an allotment on the plan of building subdivision for the purposes of subsection (1). (2) The Registrar must— S. 98CB(2)(a) amended by Nos 48/1991 s. 50(c), 6/2008 s. 38(3)(a). (a) serve a copy of the application, the plan of building subdivision, the plan of subdivision and the owners corporation documents on each person appearing from the Register or from any instrument or application lodged in the Office of Titles as at the time of the lodging of the application to have or to claim to have an interest in any part of the land in the building subdivision; and (b) require each person served under paragraph (a) to notify the Registrar in writing whether that person consents to the granting of the application; and
No. 5842 s. 106. S. 106 amended by No. 80/2009 s. 59(2) (ILA s. 39B(1)). 106 Powers of Registrar s. 106 (1) The Registrar— S. 106(1)(a) amended by Nos 9075 s. 5(2), 18/1989 s. 12(Sch. 1 item 165(a)), substituted by No. 80/2009 s. 59(1)(a). (a) may record a caveat on behalf of the Crown, a minor or a person of unsound mind— (i) to prohibit any transfer or dealing with any land registered in the name of that person; or (ii) to prohibit dealing with any land in any case in which it appears that an error has been made by misdescription of that land or otherwise in any folio or folios of the Register; or (iii) for the prevention of any fraud or improper dealing; S. 106(1)(b) repealed by No. 7244 s. 3, new s. 106(b) inserted by No. 53/1988 s. 45(Sch. 2 item 111) (as amended by No. 47/1989 s. 19(zi)). (b) may, in respect of any instrument, dealing or plan lodged with the Registrar under any Act, require the consent of the council of the municipality in the municipal district of which the land is situated before registering the instrument dealing or plan; S. 106(1)(c) amended by No. 18/1989 s. 12(Sch. 1 item 165(b)(i)(ii)). (c) if it is proved to his satisfaction that any encumbrance recorded in the Register has been fully satisfied extinguished or otherwise determined and no longer affects the land, may make a recording to that effect in the Register; S. 106(1)(d) amended by No. 80/2009 s. 59(1)(b). (d) whenever any question arises with regard to the performance of any duty or the exercise of any of the functions conferred or imposed on him by this Act, may state a case for the opinion of a court whose judgment shall be
been a party or privy to the application or dealing in connexion with which such power was exercised— shall be entitled to be indemnified. S. 110(1A) inserted by No. 128/1986 s. 9(2). (1A) Section 109(2)(c) does not apply to a person entitled to be indemnified under subsection (1)(aa) of this section. (2) Any person claiming to be so entitled may bring an action against the Registrar as nominal defendant for recovery of damages or join the Registrar as nominal co-defendant in any action brought by such person in respect of such loss against any other person and the Registrar may join any other person as co-defendant in any such proceedings. s. 110 (3) No indemnity shall be payable under this Act— S. 110(3)(a) amended by Nos 18/1989 s. 12(Sch. 1 item 169), 35/1996 s. 453(Sch. 1 item 83.12(b)), 75/2006 s. 192(Sch. 2 item 6.5) (as amended by No. 17/2007 s. 33). (a) where the claimant his legal practitioner, conveyancer or agent caused or substantially contributed to the loss by fraud neglect or wilful default or derives title (otherwise than under a disposition for valuable consideration which is registered in the Register) from a person who or whose legal practitioner, conveyancer or agent has been guilty of such fraud neglect or wilful default (and the onus shall rest upon the applicant of negativing any such fraud, neglect or wilful default); (b) on account of costs incurred in taking or defending any legal proceedings without the consent of the Registrar, except any costs which may be awarded against the Registrar, except any costs which may be awarded against the Registrar in any proceedings in which the Registrar is a party;
S. 120(2)(fa) inserted by No. 18/1989 s. 12(Sch. 1 item 184). (fa) recordings in the Register, including, but not limited to— (i) the manner and form in which recordings are made; and (ii) varying the manner and form in which recordings are made; and (iii) the recordings which must or may be made; and (iv) the information which must or may be contained in recordings; S. 120(2)(fb) inserted by No. 18/1989 s. 12(Sch. 1 item 184). (fb) certificates of title, including, but not limited to— (i) the manner and form in which certificates of title are produced; and (ii) varying the manner and form in which certificates of title are produced; and s. 120 (iii) the information which must or may be contained in certificates of title; S. 120(2)(fc) inserted by No. 18/1989 s. 12(Sch. 1 item 184). (fc) the record of dealings; S. 120(2)(fd) inserted by No. 18/1989 s. 12(Sch. 1 item 184). (fd) the issue of Crown grants; S. 120(2)(fe) inserted by No. 18/1989 s. 12(Sch. 1 item 184). (fe) the registration of instruments for the purposes of this Act; S. 120(2)(ff) inserted by No. 23/2004 s. 7. (ff) requirements for electronic instruments for the purposes of Part IIIA;
Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 78) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 113) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Transfer of Land Act 1958 Transfer of Land (Amendment) Act 2001, No. 49/2001 Assent Date: 27.6.01 Commencement Date: 28.6.01: s. 2 : All of Act in operation Auction Sales (Repeal) Act 2001, No. 84/2001 Assent Date: 11.12.01 Commencement Date: S. 14 on 1.1.03: s. 2(4) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Transfer of Land (Electronic Transactions) Act 2004, No. 23/2004 Assent Date: 18.5.04 Commencement Date: Ss 3–8 on 19.5.04: s. 2 : This information relates only to the provision/s amending the Transfer of Land Act 1958 Courts Legislation (Funds in Court) Act 2004, No. 30/2004 Endnotes Assent Date: 1.6.04 Commencement Date: S. 11 on 1.7.04: s. 2 : This information relates only to the provision/s amending the Transfer of Land Act 1958 Surveying Act 2004, No. 47/2004 Assent Date: 16.6.04 Commencement Date: S. 71(Sch. item 6) on 1.1.05: s. 2(2) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Housing (Housing Agencies) Act 2004, No. 106/2004 Assent Date: 21.12.04 Commencement Date: S. 17 on 1.1.05: s. 2(1) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Public Administration Act 2004, No. 108/2004
Assent Date: 19.9.06 Commencement Date: S. 224(Sch. 3 item 10) on 31.12.07 : s. 2(2) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Conveyancers Act 2006, No. 75/2006 (as amended by No. 17/2007) Assent Date: 10.10.06 Commencement Date: S. 192(Sch. 2 item 6) on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Planning and Environment Amendment Act 2007, No. 47/2007 Assent Date: 25.9.07 Commencement Date: Ss 18, 19 on 26.9.07: s. 2(1) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Consumer Credit () and Other Acts Amendment Act 2008, No. 6/2008 Assent Date: 18.3.08 Commencement Date: S. 38 on 19.3.08: s. 2(1) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 58) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Transfer of Land Act 1958 Land Legislation Amendment Act 2009, No. 80/2009 Assent Date: 8.12.09 Commencement Date: Ss 3–72 on 1.5.10: s. 2(2) : This information relates only to provision/s amending the Transfer of Land Act 1958 Parks and Legislation () Act 2010, No. 35/2010 Assent Date: 15.6.10 Commencement Date: S. 24(Sch. 6 item 4) on 8.7.10: Government Gazette 8.7.10 p. 1518 : This information relates only to provision/s amending the Transfer of Land Act 1958 Climate Change and Environment Protection Amendment Act 2012, No. 78/2012