Registration of Deeds Act 1935 (Tas)

Registration of Deeds Act 1935

An Act to consolidate and amend the law relating to the registration of deeds, wills, judgments, and other instruments affecting land in this State [Royal Assent 3 September 1935]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Registration of Deeds Act 1935 .

2. . . . . . . . .

3. Application of Act This Act shall not apply to – (a) instruments, wills, or letters of administration, or survey plans, in so far as they affect land under the provisions of the Land Titles Act 1980 , or instruments which are registered, or require to be registered, under the provisions of that Act; (b) bona fide leases at a rack rent for any term less than 14 years.

4. Saving as to registration of powers of attorney Nothing in this Act shall render it necessary to register a power of attorney in any other manner than that provided by the Powers of Attorney Act 2000 .

5. Interpretation In this Act, unless the contrary intention appears – index includes a copy of an index made pursuant to section 43 (1) ; instrument means any deed, judgment, document, or writing (other than a will or letters of administration) affecting or intended to affect land in this State; judgment means – (a) any judgment, decree, rule, or order in any action, suit, or original proceeding given or made by the High Court of Australia or any court of record in this State, whereby any sum of money is made payable, or which affects or is intended to affect land in this State; (b) any judgment, decree, rule, or order in any action, suit, or original proceeding which has, by virtue of the Service and Execution of Process Act 1992 of the Commonwealth or the Supreme Court Civil Procedure Act 1932 , the effect of a judgment of a court in this State; letters of administration means any letters of administration issued out of or resealed by the Supreme Court, and includes any document authorizing the Public Trustee to administer the estate of a deceased person; Registry means the Registry of Deeds.