VadeLab

Land Transfer Act 1952

Sections and provisions with full text and the judgments that cite each one.

Section 199 — Application of Act to limited certificate of title

199 Application of Act to limited certificate of title (1) Except as otherwise provided in this Part of this Act, all the provisions of this Act shall, so far as the circumstances of the case will…

Section 200 — Applications by persons claiming title adverse to that of proprietor under limited certificate

200 Applications by persons claiming title adverse to that of proprietor under limited certificate So long as any land continues to be comprised in a limited certificate of title any person claiming…

Section 201 — No right of action by proprietor under limited certificate against the Crown or the Registrar-General in certain cases

201 No right of action by proprietor under limited certificate against the Crown or the Registrar-General in certain cases No action shall lie against the Crown or the Registrar-General by the…

Section 202 — No dealings to be registered in certain cases

202 No dealings to be registered in certain cases Where by the Registrar's minutes the existence, or the probable or possible existence, of a title to any estate or interest in land is indicated, no…

Section 203 — Title to estate less than freehold evidenced by limited certificate

203 Title to estate less than freehold evidenced by limited certificate The registered title to any estate or interest less than freehold evidenced by a limited certificate of title or by a memorial…

Section 204 — When interests excepted from guarantee extinguished

204 When interests excepted from guarantee extinguished (1) After the expiration of 12 years from the date of the first certificate of title limited as to title for any land,— (a) Any claim, estate,…

Section 205 — Caveats in respect of applications under this Part

205 Caveats in respect of applications under this Part (1) A caveat against bringing land under this Act is not capable of being lodged in respect of an application under this Part, but any person…

Section 206 — Trustees without power to sell

206 Trustees without power to sell When a certificate of title is issued under the provisions of this Part of this Act to trustees (other than trustees of public reserves) who have no express power…

Section 207 — Restrictions on issue of ordinary certificate of title

207 Restrictions on issue of ordinary certificate of title (1) The Registrar shall not be bound on an application in that behalf to issue an ordinary certificate of title, or to issue an ordinary…

Section 208 — Registrar may amend description of land in limited certificate of title

208 Registrar may amend description of land in limited certificate of title The Registrar may from time to time, upon such evidence as he deems sufficient, amend the description of parcels in, or the…

Section 209 — No action against Crown in certain cases

209 No action against Crown in certain cases No action for the recovery of damages shall lie against the Crown by the registered proprietor of land comprised in any certificate of title limited as to…

Section 210 — Registration of deeds affecting land subject to this Part

210 Registration of deeds affecting land subject to this Part Any deed affecting any land brought under this Act in pursuance of the provisions of this Part of this Act which might have been…

Section 211 — Registrar may require production of instruments, etc

211 Registrar may require production of instruments, etc Every Registrar, in addition to the powers otherwise conferred by this or any other Act in him, may exercise all or any of the powers…

Section 212 — Not producing instruments when required by Registrar

212 Not producing instruments when required by Registrar If, upon requisition in writing made by a Registrar for any purpose mentioned in the last preceding section confirming any matter entered or…

Repealed

Section 213

213 [Repealed] Sections 213 and 214 were repealed, as from 4 October 1957, by section 26(1)(b) Archives Act 1957 (1957 No 13).

Repealed

Section 214

214 [Repealed] Sections 213 and 214 were repealed, as from 4 October 1957, by section 26(1)(b) Archives Act 1957 (1957 No 13).

Section 215 — Registrar may require indemnity for costs

215 Registrar may require indemnity for costs Before proceeding to enforce any penalty under this Act for non-production of any deed or instrument the Registrar may require the person at whose…

Section 215A — Records becoming obliterated, etc

215A Records becoming obliterated, etc Where any book, plan, register copy of any certificate or instrument of title or of any other instrument of any kind whatsoever forming part of the register or…

Section 215B — Register folium lost, etc

215B Register folium lost, etc Where any duplicate grant or certificate of title constituting a separate folium of the register, or any other instrument of any kind forming part of the register or…

Section 216 — Review by Registrar of decision

216 Review by Registrar of decision (1) Any proprietor or claimant to any land, estate, or interest who is dissatisfied by any decision by the Registrar or a person acting under delegated authority…

Section 217 — Notice to Registrar to appear

217 Notice to Registrar to appear Any such person may, if he thinks fit, call upon the Registrar to appear before the High Court to substantiate and uphold the grounds of such refusal, direction, or…

Section 218 — Hearing of appeal

218 Hearing of appeal Upon the hearing by the High Court of any proceeding under section 217 of this Act, the Registrar or his counsel shall have the right of reply, and the Court shall, if any…

Section 219 — Expenses of appeal

219 Expenses of appeal All expenses attendant upon any such proceeding shall be borne and paid by the person initiating the proceedings, unless the Court orders that the same be paid out of the Crown…

Repealed

Section 220 — Registrar-General to decide between Registrar and Examiner of Titles

220 Registrar-General to decide between Registrar and Examiner of Titles [Repealed] Compare: 1915 No 35 s 203 Sections 220 and 221 were repealed, as from 1 February 1999, by section 43(1) Land…

Repealed

Section 221 — Primary appeal to Registrar-General if Registrar and Examiner the same person

221 Primary appeal to Registrar-General if Registrar and Examiner the same person [Repealed] Compare: 1915 No 35 s 204 The words High Court were substituted, as from 1 April 1980, for the words “…

Section 222 — Registrar-General may submit questions to Court of Appeal

222 Registrar-General may submit questions to Court of Appeal The Registrar-General may, by special case, submit for the decision of the Court of Appeal any question arising under this Act or any…

Section 223 — Procedure

223 Procedure In the conduct of actions and proceedings under this Act in any Court the same rules shall apply and there shall be the same rights of appeal as are in force or exist for the time being…

Section 224 — Rules of procedure

224 Rules of procedure Rules may be made in manner provided by section 51C of the Judicature Act 1908 for regulating proceedings in the High Court under this Act. Compare: 1915 No 35 s 207 The…

Section 225 — Fraudulently procuring certificate of title, etc

225 Fraudulently procuring certificate of title, etc (1) Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or to a fine not…

Section 226 — Other offences under Act

226 Other offences under Act Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 4 years, who— (a) Forges, or procures to be forged, or…

Repealed

Section 227

227 [Repealed] Section 227 was repealed, as from 1 April 1958, by section 214(1) Summary Proceedings Act 1957 (1957 No 87).

Section 228 — Prosecution of offences

228 Prosecution of offences Unless otherwise expressly provided, all offences against this Act may be prosecuted, and all fines or sums of money imposed or declared to be due or owing by or under…

Section 228A — Fraudulent removal, destruction, etc, of records

228A Fraudulent removal, destruction, etc, of records Where any person fraudulently— (a) Removes from any Land Registry Office any property of a Land Registry Office, including, but without limiting…

Repealed

Section 229 — Power of Registrar-General to license persons as landbrokers

229 Power of Registrar-General to license persons as landbrokers [Repealed] Section 229(1) was amended, as from 10 December 1991, by section 2(2)(d) Land Transfer Amendment Act 1991 (1991 No 118) by…

Repealed

Section 230 — Restrictions on licensing of landbrokers

230 Restrictions on licensing of landbrokers [Repealed] Subsection (1) was amended, as from 1 April 1964, by substituting the words “ real estate agent ” , for the words “ land agent ” pursuant to…

Repealed

Section 231 — Bond required before grant of licence

231 Bond required before grant of licence [Repealed] Sections 229 to 234 were repealed, as from 26 August 2002, by section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment…

Repealed

Section 232 — Licences may be revoked

232 Licences may be revoked [Repealed] Sections 229 to 234 were repealed, as from 26 August 2002, by section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002…

Repealed

Section 233 — Acting without licence

233 Acting without licence [Repealed] The words “ High Court ” were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No…

Repealed

Section 234 — Making unlawful charges

234 Making unlawful charges [Repealed] Sections 229 to 234 were repealed, as from 26 August 2002, by section 64(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002…

Section 235 — Fees or charges

235 Fees or charges (1) Without limiting section 236 , regulations made under this Act may specify— (a) the fees or charges payable for— (i) the performance or exercise of functions, duties, or…

Section 236 — Regulations

236 Regulations (1) The Governor-General may, by Order in Council, make regulations— (a) regulating the practice and conduct of business under this Act: (b) prescribing periods of time for the…

Section 237 — When paper instrument is in acceptable form

237 When paper instrument is in acceptable form (1) A paper instrument is in an acceptable form if— (a) it contains the information required by this Act; and (b) it meets the requirements for the…

Section 238 — Content of paper forms

238 Content of paper forms (1) Regulations made under this Act may prescribe forms for notices and consents under this Act. (2) If a form for any notice or consent is not for the time being…

Section 239 — Description of person to include personal representative

239 Description of person to include personal representative In any form under this Act, the description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, lessor, or lessee,…

Section 240 — How Registrar gives public notice

240 How Registrar gives public notice If this Act requires that the Registrar give public notice of any matter but does not specify how the notice is to be given, it is sufficient that the Registrar—…

Section 240A — Specifications by Registrar

240A Specifications by Registrar (1) If this Act requires or permits the Registrar to specify any matter, the specification— (a) is made when it is published by notice in the Gazette ; and (b) takes…

Section 240B — Notice by Registrar to particular persons

240B Notice by Registrar to particular persons (1) If this Act specifies that the Registrar must give a notice to any person but does not specify how it is to be given, the notice may be given by—…

Section 240C — Notices to Registrar

240C Notices to Registrar If this Act specifies that a person must give a notice to the Registrar but does not specify how it is to be given, the notice may be given by— (a) delivering it to any Land…

Section 240D — When notices taken to be delivered

240D When notices taken to be delivered (1) In the absence of proof to the contrary, notices are taken to be delivered,— (a) in the case of notices sent by post, at the time when the letter would in…

Section 241 — Registrar not obliged to produce registers or attend court

241 Registrar not obliged to produce registers or attend court (1) Neither the Registrar nor any delegate of the Registrar is obliged to— (a) Produce any register or other instrument in his or her…