Land Transfer Act 1952
Sections and provisions with full text and the judgments that cite each one.
Section 121F — Effect of registration of licence
121F Effect of registration of licence (1) Subject to this Part of this Act, registration of a licence does not give the licence any greater operation or effect than it would have without…
Section 121G — Mortgage of licence
121G Mortgage of licence (1) On the registration of a mortgage of a registered licence, every share certificate issued by the company in respect of the shares to which the licence relates must be…
Section 121H — Mortgagee to have custody of licence and share certificate
121H Mortgagee to have custody of licence and share certificate The mortgagee, or, if there is more than one mortgage, the first mortgagee for the time being, of any registered licence is entitled—…
Section 121I — Consent of mortgagee required on disposal of licence or shares
121I Consent of mortgagee required on disposal of licence or shares (1) The licensee under a licence that is subject to a registered mortgage must not sell or otherwise dispose of the licence or the…
Section 121J — Restrictions on cancellation, etc, of licence
121J Restrictions on cancellation, etc, of licence Except with the consent of the mortgagee or, in any case to which section 121I of this Act applies, after compliance with the applicable provisions…
Section 121K — Registration of cancellation, etc, of licence
121K Registration of cancellation, etc, of licence (1) Where the company cancels, revokes, rescinds, or accepts the surrender of a registered licence, the company must,— (a) If the company is able to…
Section 121L — Bringing down of mortgage on new licence
121L Bringing down of mortgage on new licence (1) Where— (a) A licence is subject to a registered mortgage; and (b) The licensee transfers or otherwise disposes of the shares to which the licence…
Section 121M — Registration of transfer of licence or new licence
121M Registration of transfer of licence or new licence (1) The Registrar must not register a memorandum of transfer of a registered licence unless the Registrar is satisfied that an instrument…
Section 121N — Transfer of shares on exercise of power of sale by mortgagee of licence
121N Transfer of shares on exercise of power of sale by mortgagee of licence (1) In the event that a registered licence that is subject to a registered mortgage is transferred to the mortgagee or to…
Section 121O — Priority of replacement mortgage over land of company
121O Priority of replacement mortgage over land of company A mortgage that— (a) Is registered against land owned by a flat or office owning company and that secures an amount not exceeding the amount…
Section 121P — Service of notices
121P Service of notices (1) A notice that is required by this Part of this Act to be delivered or sent to any person, other than a company, may be— (a) Delivered by hand to that person; or (b) Posted…
Section 122 — Person claiming under transmission may apply to have same registered
122 Person claiming under transmission may apply to have same registered (1) Any person claiming to be entitled to any estate or interest under this Act by virtue of any transmission may make…
Section 123 — Procedure on application for transmission
123 Procedure on application for transmission (1) If on any such application and upon the evidence adduced in support thereof it appears to the Registrar that the applicant is entitled to the estate…
Section 124 — Caveat may be entered on behalf of beneficiaries under will or settlement
124 Caveat may be entered on behalf of beneficiaries under will or settlement [Repealed] Section 124 was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act…
Section 125 — Transmission to mortgagee on bankruptcy of lessee
125 Transmission to mortgagee on bankruptcy of lessee (1) Upon the bankruptcy of the registered proprietor of any lease subject to mortgage under this Act, the Registrar, upon the application in…
Section 126 — Transmission to lessor in default of mortgagee applying
126 Transmission to lessor in default of mortgagee applying If the mortgagee neglects or declines to make such application as aforesaid, the Registrar, upon application by the lessor, and proof of…
Section 127 — Particulars of marriage of female proprietor to be registered
127 Particulars of marriage of female proprietor to be registered [Repealed] Section 127 was repealed, as from 1 January 2002, by section 57 Human Rights Amendment Act 2001 (2001 No 96).
Section 128 — No entry of trusts to be made on register except as authorised
128 No entry of trusts to be made on register except as authorised (1) Except as provided in section 129 of this Act in relation to public reserves and other public lands, no entry shall be made in…
Section 129 — Trusts of public reserves and other public lands
129 Trusts of public reserves and other public lands (1) The grantee or other person or body corporate in whom or in which any land under this Act now is or hereafter becomes vested as a public…
Section 130 — Transferor may apply for entry of “ No survivorship ” on register
130 Transferor may apply for entry of “ No survivorship ” on register Upon the transfer of any land, estate, or interest under this Act to 2 or more persons as joint proprietors, the transferor may…
Section 131 — Trustees registered as joint proprietors may similarly apply
131 Trustees registered as joint proprietors may similarly apply Any persons registered as joint proprietors of any land, estate, or interest under this Act may, by writing under their hands,…
Section 132 — Effect of entry. Order of High Court
132 Effect of entry. Order of High Court After any such entry has been made and signed by the Registrar in either case as aforesaid it shall not be lawful for any less number of joint proprietors…
Section 133 — Procedure for obtaining order
133 Procedure for obtaining order (1) Before making an order giving any such sanction, the Court shall, if it seems requisite, cause notice of intention so to do to be advertised in the Gazette and…
Section 134 — Registrar may be nominated trustee
134 Registrar may be nominated trustee [Repealed] Section 134 was repealed, as from 26 August 2002, by section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002…
Section 135 — Beneficiary may use name of trustee in prosecuting or defending action
135 Beneficiary may use name of trustee in prosecuting or defending action (1) Whenever a person entitled to or interested in land as a trustee would be entitled to bring or defend any action in his…
Section 136 — Caveat against bringing land under Act
136 Caveat against bringing land under Act (1) A person who has or claims to have an interest in any land that is the subject of an application seeking to bring the land under this Act may, within…
Section 137 — Caveat against dealings with land under Act
137 Caveat against dealings with land under Act (1) Any person may lodge with the Registrar a caveat in the prescribed form against dealings in any land or estate or interest under this Act if the…
Section 138 — Particulars to be stated in caveat
138 Particulars to be stated in caveat [Repealed] Sections 138 and 139 were repealed, as from 26 August 2002, by section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act…
Section 139 — Service of notices as to caveats
139 Service of notices as to caveats [Repealed] Sections 138 and 139 were repealed, as from 26 August 2002, by section 49 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act…
Section 140 — Effect of caveat against bringing land under Act
140 Effect of caveat against bringing land under Act So long as a caveat under section 136 remains in force the Registrar shall not proceed with the bringing under this Act of the land affected…
Section 141 — Effect of caveat against dealings
141 Effect of caveat against dealings (1) Subject to the succeeding provisions of this section, so long as a caveat under section 137 remains in force, the Registrar shall not make any entry on the…
Section 142 — Notices to be given to persons affected
142 Notices to be given to persons affected Upon the receipt of any caveat, the Registrar must give notice,— (a) in the case of a caveat under section 136 , to the person against whose application to…
Section 143 — Procedure for removal of caveat
143 Procedure for removal of caveat (1) Any such applicant or registered proprietor, or any other person having any registered estate or interest in the estate or interest protected by the caveat,…
Section 144 — Lapse of caveat against bringing land under Act
144 Lapse of caveat against bringing land under Act After the expiration of 3 months from the receipt thereof every caveat under section 136 shall be deemed to have lapsed, unless the person by whom…
Section 145 — Lapse of caveat against dealings
145 Lapse of caveat against dealings (1) Every caveat under section 137 , upon the expiration of the first prescribed period after notice is given to the caveator that an application has been made…
Section 145A — Early lapse of caveat against dealings
145A Early lapse of caveat against dealings (1) The registered proprietor of any estate or interest in the land protected by a caveat against dealings (other than a caveat lodged by the Registrar)…
Section 146 — Person entering caveat without due cause liable for damages
146 Person entering caveat without due cause liable for damages (1) Any person lodging any caveat without reasonable cause is liable to make to any person who may have sustained damage thereby such…
Section 147 — Caveat may be withdrawn
147 Caveat may be withdrawn Any caveat may be withdrawn by the caveator or by his attorney or agent under a written authority, and either as to the whole or any part of the land affected, or the…
Section 147A — Electronic registration with caveator's consent subject to rights of caveator
147A Electronic registration with caveator's consent subject to rights of caveator If an electronic instrument is registered with the consent of the caveator, the dealing must be regarded as having…
Section 148 — No second caveat may be entered
148 No second caveat may be entered (1) If a caveat has been removed under section 143 or has lapsed, no second caveat may be lodged by or on behalf of the same person in respect of the same interest…
Section 148A — Registrar not required to verify caveator's entitlement to estate or interest claimed
148A Registrar not required to verify caveator's entitlement to estate or interest claimed Except to the extent of ensuring that a caveat lodged under any provision of this Act complies on its face…
Section 148B — Registrar's powers if caveat does not comply with this Act
148B Registrar's powers if caveat does not comply with this Act If a caveat does not comply with the requirements of this Act, the Registrar may deal with it under section 43 as if it were an…
Section 149 — Power of attorney not invalidated by bringing land under Act
149 Power of attorney not invalidated by bringing land under Act The bringing of land under this Act shall not invalidate any power of attorney previously executed, but that land may thereafter be…
Section 150 — Registered proprietor may deal with land by attorney
150 Registered proprietor may deal with land by attorney The registered proprietor of land under this Act, or any person claiming any estate or interest under this Act, may by power of attorney in…
Section 151 — Power of attorney to be deposited with Registrar
151 Power of attorney to be deposited with Registrar Every power of attorney intended to be used under this Act, or a duplicate or attested copy thereof, verified to the satisfaction of the…
Section 152 — Revocation of power of attorney
152 Revocation of power of attorney (1) The grantor of any revocable power of attorney that has been deposited with the Registrar may, by notice to the Registrar, revoke the power of attorney in…
Section 153 — Seal unnecessary
153 Seal unnecessary No power of attorney made or used under this Act or any former Land Transfer Act shall be invalidated by reason of the power not having been created under seal. Compare: 1915 No…
Section 154 — Covenants for further assurance implied
154 Covenants for further assurance implied In every instrument charging, creating, or transferring any estate or interest under this Act there shall be implied the following covenants by the party…
Section 155 — Short forms of covenant
155 Short forms of covenant (1) In the case of paper instruments, those covenants set out in full in Schedule 4 that are intended to be implied in any instrument prepared for the purpose of…
Section 155A — Incorporation of provisions contained in registered or prescribed memorandum
155A Incorporation of provisions contained in registered or prescribed memorandum (1) In this section the term memorandum means a memorandum in the prescribed form setting forth provisions that are…