Land Transfer Act 1952
Sections and provisions with full text and the judgments that cite each one.
Section 89B — Where proprietor of any contiguous allotment not a party to application
89B Where proprietor of any contiguous allotment not a party to application Notwithstanding anything in section 89A of this Act, an application may be made under that section, notwithstanding that…
Section 89C — How application dealt with
89C How application dealt with (1) Every application made under section 89A of this Act shall, except as otherwise expressly provided in this Part of this Act, be dealt with, as to notices, plans,…
Section 89D — Issue of title to access strip
89D Issue of title to access strip (1) Notwithstanding anything in any other Act, where the Registrar is satisfied, in respect of any application lodged under this Part of this Act, that— (a) The…
Section 89E — Conditions applying when certificate of title issued for access strip
89E Conditions applying when certificate of title issued for access strip Where the Registrar issues a certificate of title for any access strip under section 89D of this Act, the following…
Section 90 — Transfers and creation of easements, etc, by registered proprietor
90 Transfers and creation of easements, etc, by registered proprietor (1) A transfer instrument may be used for the purpose of registering under this Act— (a) the transfer of any land or estate or…
Section 90A — Creation and surrender of easements by easement instrument
90A Creation and surrender of easements by easement instrument (1) This section does not limit other provisions by which easements may be created or surrendered. (2) An easement that could be created…
Section 90B — Creation and surrender of easements on deposit of plan
90B Creation and surrender of easements on deposit of plan (1) The provisions of this section do not limit other provisions by which easements may be created or surrendered. (2) An easement that…
Section 90C — Variation of easements
90C Variation of easements (1) An easement variation instrument may be registered to effect any of the following changes to any term, covenant, or condition of any easement created or registered…
Section 90D — Rights and powers implied in certain easements
90D Rights and powers implied in certain easements (1) Regulations made under this Act may specify, for the purposes of this section,— (a) different classes of easements; and (b) the rights and…
Section 90E — General provisions relating to easements
90E General provisions relating to easements (1) Despite any rule of law or equity to the contrary, an easement may be created under any of sections 90 , 90A , or 90B , or varied under section 90C ,…
Section 90F — Creating and noting land covenants
90F Creating and noting land covenants (1) Any covenant that may be contained in an instrument to which section 307 of the Property Law Act 2007 applies— (a) may also be created in the same way as an…
Section 91 — New certificate to transferee unnecessary if whole of land transferred
91 New certificate to transferee unnecessary if whole of land transferred If any memorandum of transfer purports to transfer the whole of the land described in a grant or certificate of title for all…
Section 92 — Certificate to be cancelled on transfer of portion of land only
92 Certificate to be cancelled on transfer of portion of land only If the transfer purports to transfer an estate of freehold in possession, not being a lease for a life or lives, in part of the land…
Section 93 — New certificates to be issued for portion transferred and for balance
93 New certificates to be issued for portion transferred and for balance The Registrar, upon cancelling any grant or certificate by endorsement as aforesaid, shall issue to the transferee a…
Section 94 — Certificate for balance not transferred may remain valid
94 Certificate for balance not transferred may remain valid (1) When any certificate of title is partially cancelled by endorsement thereon of a memorial of transfer of a portion of the land, the…
Section 95 — Estates for life, or in reversion, or remainder
95 Estates for life, or in reversion, or remainder (1) The registered proprietor of land under this Act may create or execute any powers of appointment, or limit any estates, whether by remainder or…
Section 96 — Implied covenant in transfer of equity of redemption
96 Implied covenant in transfer of equity of redemption [Repealed] Section 96: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 97 — Transfer of lease or mortgage
97 Transfer of lease or mortgage (1) A registered mortgage or lease may be transferred by memorandum of transfer as aforesaid. (2) Upon registration of any such memorandum of transfer the estate or…
Section 98 — Implied covenants in transfer of lease
98 Implied covenants in transfer of lease [Repealed] Section 98: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 99 — Memorandum of vesting order to be entered on register
99 Memorandum of vesting order to be entered on register Whenever any order is made by any Court of competent jurisdiction vesting any estate or interest under this Act in any person, the Registrar,…
Section 99A — Vesting by statute
99A Vesting by statute Where by any enactment any estate or interest under this Act is vested in any person, then, subject to the provisions of that enactment, the Registrar, on application made to…
Section 99B — Forms for instruments available for adoption by other enactments
99B Forms for instruments available for adoption by other enactments (1) Regulations made under this Act may prescribe instruments under this Act that are available for adoption (with or without…
Section 100 — Mortgage to take effect as security only
100 Mortgage to take effect as security only A mortgage under this Act shall have effect as security, but shall not operate as a transfer of the estate or interest charged. Compare: 1915 No 35 s 102
Section 101 — Forms of mortgage
101 Forms of mortgage (1) A mortgage instrument or an encumbrance instrument is required for the purposes of charging any land or estate or interest under this Act or making any such land or estate…
Section 102 — Variation of mortgage terms
102 Variation of mortgage terms (1) A mortgage variation instrument is required for the purpose of varying, in respect of any mortgage registered under this Act,— (a) the amount secured by the…
Section 103 — Variation of priority of mortgages
103 Variation of priority of mortgages (1) Despite anything in section 37 or section 47 , the priority between themselves of the mortgages affecting any land may, from time to time, be varied by a…
Section 104 — Application of purchase money
104 Application of purchase money [Repealed] Section 104: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 105 — Transfer by mortgagee
105 Transfer by mortgagee Upon the registration of any transfer executed by a mortgagee for the purpose of exercising a power of sale over any land, the estate or interest of the mortgagor therein…
Section 106 — Mortgagee may, after default, enter into possession
106 Mortgagee may, after default, enter into possession [Repealed] Section 106: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 107 — Mortgagee may distrain on tenant to the amount of his rent
107 Mortgagee may distrain on tenant to the amount of his rent [Repealed] Section 107: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 108 — Mortgagee to have remedies of a lessor for recovery of premises
108 Mortgagee to have remedies of a lessor for recovery of premises [Repealed] Section 107: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 109 — Mortgagee to have custody of instrument of title
109 Mortgagee to have custody of instrument of title (1) The mortgagee, or first mortgagee for the time being, of any estate or interest under this Act shall be entitled to the possession of the…
Section 110 — Mortgagee of leasehold after entry liable for rent
110 Mortgagee of leasehold after entry liable for rent [Repealed] Section 110: repealed, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 111 — Discharge of mortgage
111 Discharge of mortgage (1) A mortgage discharge instrument is required for the purpose of registering a discharge of any mortgage under this Act. (2) A mortgage discharge instrument must contain…
Section 112 — Discharge of mortgage where remedies thereunder are statute barred
112 Discharge of mortgage where remedies thereunder are statute barred (1) Notwithstanding anything to the contrary in section 64 of this Act, on application made to the High Court by the registered…
Section 113 — On death of annuitant, discharge of annuity may be entered
113 On death of annuitant, discharge of annuity may be entered Upon proof of the death of the annuitant, or of the occurrence of the event or circumstance upon which, in accordance with the…
Section 114 — Submortgages
114 Submortgages (1) A mortgage subject to a submortgage shall not be discharged, nor shall the terms thereof be varied, nor shall the power of sale contained or implied therein be exercised, without…
Section 115 — Form and registration of leases
115 Form and registration of leases (1) A lease instrument is required for the purposes of registering under this Act the lease or demise of any land. (2) A lease instrument must contain the…
Section 116 — Variation of lease
116 Variation of lease (1) A lease variation instrument is required for the purpose of varying, in respect of any lease registered under this Act,— (a) the term of the lease by way of extension; or…
Section 117 — Bringing down encumbrances on registration of new lease
117 Bringing down encumbrances on registration of new lease (1) Where upon the registration of a lease— (a) The Registrar is satisfied that— (i) It is in renewal of or in substitution for a lease…
Section 118 — Covenant for right of purchase
118 Covenant for right of purchase A right for or covenant by the lessee to purchase the land may be stipulated in a memorandum of lease; and in case the lessee pays the purchase money, and otherwise…
Section 118A — Bringing down encumbrances when lessee acquires fee simple
118A Bringing down encumbrances when lessee acquires fee simple (1) Where the registered lessee under a lease of any land (not being a lease under the Land Act 1948 or any former Land Act) acquires…
Section 119 — Lease not binding on mortgagee without consent
119 Lease not binding on mortgagee without consent No lease of mortgaged or encumbered land shall be binding upon the mortgagee except so far as the mortgagee has consented thereto. Compare: 1915 No…
Section 120 — Surrender of lease
120 Surrender of lease (1) A lease surrender instrument is required for the purpose of surrendering any lease registered under this Act. (2) A lease surrender instrument must state the lease to be…
Section 121 — Re-entry by lessor
121 Re-entry by lessor (1) In case of re-entry and recovery of possession of any leasehold premises, either by process of law or by exercise of any power of re-entry in the lease contained or…
Section 121A — Interpretation
121A Interpretation (1) In this Part of this Act, unless the context otherwise requires,— Company has the same meaning as in— (a) Section 2 of the Companies Act 1955; or (b) Section 2 of the…
Section 121B — Issue of share certificates
121B Issue of share certificates (1) Every flat or office owning company must issue to every shareholder in the company a share certificate that complies,— (a) In the case of a company within the…
Section 121C — Registration of licence to occupy
121C Registration of licence to occupy (1) Subject to this Part of this Act, a licence may be registered by constituting it a folium of the register and, for that purpose, the provisions of this Act…
Section 121D — Registrar may require plan
121D Registrar may require plan Without limiting the powers conferred on the Registrar by section 167 of this Act, where application is made to the Registrar for registration of a licence, the…
Section 121E — Registration of instruments against licence
121E Registration of instruments against licence (1) An instrument which could be registered against a registered lease of land may be registered against a licence that is registered under this Act…