Section 38 — Land Transfer Act 1952: Registration procedure

38 Registration procedure (1) On registration of any instrument the Registrar shall file the same or one part thereof (if in duplicate or triplicate) in his office and deliver the other or others (if any) to the person presenting the same for registration. (2) So soon as registered every instrument, other than a memorandum within the meaning of section 155A(1) of this Act, that is drawn in any of the forms provided in the Schedules to this Act, or in any form which for the same purpose may be authorised in conformity with the provisions of this Act or as may be prescribed by regulations made under this Act, shall, for the purposes of this Act, be deemed and taken to be embodied in the register as part and parcel thereof. (3) [Repealed] (4) Where there is any conflict between the part of any instrument filed in the office of the Registrar and any part delivered under subsection (1) of this section to the person presenting the instrument for registration, the first-mentioned part shall prevail. Compare: 1915 No 35 s 35(5), (7) Subsection (2) was amended, as from 6 November 1986, by section 3(3)(a) Land Transfer Amendment Act 1986 (1986 No 94) by inserting the words “ , other than a memorandum within the meaning of section 155A(1) of this Act, that is ” . Subsection (2) was further amended, as from 6 November 1986, by section 3(3)(b) Land Transfer Amendment Act 1986 (1986 No 94) by inserting the words “ or as may be prescribed by regulations made under this Act ” . Subsection (3) was repealed by section 2(1)(a) of the Land Transfer Amendment Act 1958.