The Transfer of Land Act 1893 (WA)

Western Australia Transfer of Land Act 1893 Western Australia Transfer of Land Act 1893 Contents Part IA — Preliminary 1. Short title 1 2. Repeals and savings 1 3. Application of other laws etc. and this Act 1 4. Terms used; application of Act to Crown land 1 4A. Sections of this Act that do not apply to Crown land 1 Part I — Officers 5. Commissioner of Titles 1 6. Deputy Commissioner of Titles 1 7. Registrar of Titles 1 7A. Offices of Commissioner and Registrar may be held by one person 1 8. Examiner of Titles, Assistant Registrar of Titles 1 8A. Designating statutory officers, generally 1 9. Certain signatures to be judicially noticed 1 10. Seal 1 11. Assistant Registrar's powers 1 12. Commissioner and Examiner of Titles not to practise law 1 13. Oaths of office 1 14. Commissioner and Registrar may exercise functions electronically 1 15. Delegation by Commissioner 1 15A. Delegation by Registrar 1 16. Rules relating to surveyors 1 17. Some of Minister for Lands' functions under this Act may be performed by authorised officer 1 Part II — Bringing land under the Act 20. Bringing lands alienated in fee before 1 July 1875 under this Act 1 20A. Evidence and restrictions of requisitions 1 21. How application to be dealt with when no dealing has been registered 1 22. How application to be dealt with when dealing has been registered 1 23. Notice of application to bring land under this Act and rescission of previous directions on undue delay 1 24. Person claiming title by possession to post notice of application on land 1 25. Land to be brought under this Act unless caveat received 1 26. Land occupied may be brought under this Act by different description from that in title on special application 1 27. Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate 1 28. Title may be given to excess of land occupied under Crown grant over land described in Crown grant 1 29. Excess of land may be apportioned between different owners or proprietors 1 30. Parties interested may lodge caveat 1 31. If caveat received, proceedings suspended 1 32. Caveat to lapse unless proceedings taken within one month 1 33. Judge may require production of title deeds in support of application to bring land under this Act 1 34. Applicant may withdraw application 1 35. Documents of title 1 36. Subsisting lease to be endorsed and returned 1 37. Additional evidence to be scheduled 1 38. Some certificates of title to issue in name of deceased person 1 39. Registration of leaseholds 1 42. Production of lease may be dispensed with on bringing land under this Act 1 43. Certain memorials to be sufficient evidence of conveyances in fee 1 45. Commissioner may direct Registrar to bring land under this Act 1 46. Title to land sold under order or decree may be deemed sufficient 1 47. Formalities of order 1 Part III — Certificates of titles and registration 48. Register 1 48A. Certificates of title 1 48B. No duplicate certificate of title to be issued 1 48C. Symbols 1 49. One certificate may be created for lands not contiguous 1 50. Area of land need not be mentioned in certificate 1 52. Registration of certificates of title and instruments 1 53. Priority of registration of instruments 1 54. Incorporation of terms etc. of certain memoranda 1 55. Trusts 1 56. Memorandum to state certain particulars 1 58. Instruments not effectual until registered 1 59. Notations as to legal disability of proprietor 1 60. Joint tenants and tenants in common 1 61. Effect of insertion of words "no survivorship" 1 62. Notice to be published before effect given to order 1 63. Certificate to be conclusive evidence of title 1 63A. Certificates may contain statement of easements 1 64. Certificate conclusive evidence as to title to easements 1 65. Short forms etc. for easements, effect of 1 65A. Memorandum of easement 1 66A. No separate certificate for easement 1 67. Certificate conclusive evidence in suit for specific performance or action for damages 1 68. Estate of registered proprietor paramount 1 69. Certain easements and conditions to be noted as encumbrances 1 70. Reversions expectant on leases 1 70A. Factors affecting use and enjoyment of land, notification on title 1 71. Single certificate may be created instead of separate ones 1 71A. Separate certificates may be created instead of single one 1 72. History of dealings to be preserved 1 74A. Substitute certificates of title 1 81. Words of inheritance or succession to be implied 1 Part IIIA — Crown leases 81A. Registration of Crown leases issued on or after 2 May 1910 1 81B. Registration of Crown leases issued before 2 May 1910 1 81C. Effect of registration 1 81D. Registration of transfer etc. 1 81E. No foreclosure without consent of Minister for Lands 1 81F. Entry of forfeiture 1 81G. Crown lessee to be deemed of full age 1 81H. Sections of this Act and land Acts that do not apply to Crown leases 1 81I. Mortgage of Crown lease to be transferred to Crown grant 1 Part IIIB — Registration and recording in relation to Crown land Division 1 — General 81J. Application of this Part 1 81K. Terms used 1 81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title 1 81M. Lodging etc. of management orders 1 81N. Crown surveys 1 81O. No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued 1 81P. Endorsements on certificates of Crown land title and qualified certificates of Crown land title 1 81Q. Leases and subleases of Crown land, registration of 1 81R. Profits à prendre, registration of 1 81RA. Other encumbrances in respect of fee simple in Crown land 1 81S. Prerequisites to registering dealings as to Crown land 1 81T. Registered proprietors etc. protected against ejectment except in certain cases 1 Division 2 — Transitional 81U. Registrar may accept for registration signed and stamped duplicate original documents 1 81V. Minister for Lands may apply for cancellation, creation etc. of certificates of Crown land title etc. 1 81W. Procedure when applications referred to Commissioner 1 81X. Procedure on lodging of caveat under s. 81W(6) 1 81Y. Registrar's duties when applications made under s. 81V(1)(a) granted 1 81Z. Registrar's duties when applications made under s. 81V(1)(b) granted 1 81ZA. Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists 1 81ZB. Qualified certificates of Crown land title, general matters 1 81ZC. Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc. 1 81ZD. Registrar may convert Crown leases into leases registered under s. 81Q 1 Part IV — Dealings with land Division 1 — Transfers 82. Transfers 1 83. Transfer to include right to sue thereunder 1 84. Transfers may be to proprietor and others jointly etc. 1 85. Signed and registered instruments have efficacy of deeds 1 86. Registration of transfer 1 87. Total transfer by endorsement on paper title or by entering transferee's name on digital title 1 88. Transferee of encumbered land to indemnify transferor 1 88A. Memorial of easements to be registered 1 Division 2 — Leases and subleases 91. Leases 1 92. Covenants by lessee implied in leases 1 93. Lessor's powers implied in leases 1 94. Short forms of covenants by lessees 1 95. Covenant to be implied on transfer of lease 1 96. Recovery of possession by lessors to be entered in Register 1 97. Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply 1 98. Surrendering leases 1 99. Lessee may sublet 1 100. Registration of subleases 1 102. Provisions about leases apply to subleases 1 103. Covenants implied in subleases 1 104. Determination of lease or sublease by re‑entry to be entered in Register 1 Division 2A — Carbon rights and carbon covenants 104A. Terms used 1 104B. Registration of carbon right form 1 104C. Extension of carbon right 1 104D. Transfer of carbon right 1 104E. Mortgage of carbon right 1 104F. Surrender of carbon right 1 104G. Registration of carbon covenant form 1 104H. Extension of carbon covenant 1 104I. Variation of carbon covenant 1 104J. Transfer of benefits under carbon covenant 1 104K. Mortgage of carbon covenant 1 104L. Surrender of carbon covenant 1 Division 2B — Tree plantation agreements and plantation interests 104M. Terms used 1 104N. Registration of tree plantation agreement 1 104O. Extension of plantation interest 1 104P. Variation of agreement 1 104Q. Transfer of plantation interests 1 104R. Mortgage of plantation interests 1 104S. Surrender of plantation interests 1 Division 3 — Mortgages and annuities 105. Mortgages and charges for annuities, creating 1 105AA. Mortgages lodged electronically 1 105A. Extension of mortgage, charge or lease 1 106. Mortgage or charge not to operate as transfer; default procedures 1 107. Written demand equivalent to written notice 1 108. Power to sell in cases of continuing default 1 109. Application of purchase money 1 110. Transfer after sale by mortgagee etc., effect of 1 111. Remedies of mortgagee or annuitant in cases of default 1 112. Further remedies of mortgagee or annuitant 1 112A. Abolition of power of distress 1 113. Covenants implied in mortgages 1 114. Mortgagee or annuitant of leasehold entering into possession become liable to lessor 1 115. Short form of covenant by mortgagor to insure 1 116. Rights of mortgagees generally 1 117. Mortgagor not to sue on cause of action available to mortgagee without mortgagee's consent 1 118. Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands 1 119. Mortgagee may seek court order as to money recovered by mortgagor in action 1 120. Application of moneys obtained by mortgagee in action 1 121. Foreclosure, application for order for 1 122. Application for foreclosure to be advertised 1 123. Discharge of mortgages and annuities 1 124. Mortgages etc. made before land brought under this Act 1 125. Entry of satisfaction of annuity 1 126. Payments under and discharge of mortgages when mortgagee absent from State etc. 1 127A. Subsequent mortgages or charges 1 128. Land brought under this Act subject to mortgage, rights of mortgagee etc. 1 128A. Another mortgagee may tender payment 1 Division 3A — Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements 129A. Creation of restrictive covenants 1 129B. Discharge and modification of restrictive covenants 1 129BA. Restrictive covenants benefiting local governments and public authorities 1 129BB. Discharge and modification of s. 129BA covenants 1 129C. Supreme Court's powers as to easements etc. 1 Division 4 — Miscellaneous 130. Seal of corporation substitute for signature 1 131. Implied covenants and powers may be modified or negatived 1 133. Property (seizure and sale) order, registration of etc. 1 134. Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc. 1 135. Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer 1 136. Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land 1 Part IVA — Creation of easements and restrictive covenants by notations on subdivision plans and diagrams 136A. Term used: plan 1 136B. Application of this Part 1 136C. Notation of easements on subdivision plans 1 136D. Notation of restrictive covenants on subdivision plans 1 136E. Consent of certain persons required to creation of easements and restrictive covenants 1 136F. When easements and restrictive covenants under this Part have effect 1 136G. Easements and restrictive covenants under this Part may be effective for specified term only 1 136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor 1 136I. Recordings in Register 1 136J. Discharge and modification of easements and restrictive covenants under this Part 1 Part V — Caveats 136K. Term used: section 138A caveat; application of this Part 1 137. Lodging caveats for land already under this Act 1 138. Consequences of lodging caveat 1 138A. Caveats to which s. 138B to 138D apply 1 138B. Requiring caveator to seek court order extending s. 138A caveat 1 138C. Supreme Court's powers on application by caveator 1 138D. Restrictions on caveators lodging further s. 138A caveats 1 139. Effect of caveats 1 140. Compensation for caveat lodged without reasonable cause 1 141. Registrar's duties when caveat lodged or lapses 1 141A. Requiring caveators to withdraw caveats or substantiate their claims 1 142. Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases 1 Part VI — Powers of attorney and attestation of instruments 143. Powers of attorney, creation and filing of 1 144. Powers of attorney, effect of 1 145. Signatures on documents, witnessing requirements 1 Part VII — Search certificates and stay orders 146. Finding out whether proprietor is free to deal with land 1 147. Person issued search certificate under s. 146 entitled to inspect certificate of title 1 148. Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear 1 149. Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s. 148 1 150. Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s. 149 1 Part VIII — Surveys, plans, parcels and boundaries 151. Crown survey boundaries as marked on ground are true boundaries 1 152. Crown grant or lease conveys land within survey boundaries 1 153. Aliquot parts of Crown section having excess of area 1 153A. Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc. 1 154. How boundaries may be proved in absence of survey marks 1 155. Margin of error allowed in description of boundaries 1 156. Commissioner may require special survey of land 1 157. Commissioner may require accuracy of survey to be verified 1 158. Commissioner may disregard minute errors of dimensions 1 159. Excess land may be apportioned between different owners or proprietors 1 160. Commissioner's powers where boundaries unclear in subdivision 1 161. Plan to be made of subdivision proposed under s. 160 1 162. Subdivision proposed under s. 160 to be advertised etc. 1 163. Finalised subdivision, verification and effect of plan of 1 164. Public notice to be given of finalised subdivision and plan 1 165. Expense of survey ordered under s. 160, how paid 1 166. New certificates of title on subdivision of land 1 166A. Subdivisions of Crown land 1 166B. Subsidiary certificates of Crown land title 1 167. Number of allotment on plan of subdivision sufficient description for purposes of dealing 1 167A. Rights of way generally not public ways or thoroughfares 1 168. Abuttals may be used in description of land in certificate 1 169. Objects which may constitute abuttals 1 Part IX — Amendment of certificates and amendment or replacement of graphics 169A. Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land 1 170. Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate 1 171. Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him 1 172. Form of application under s. 170 or 171 1 173. How application under s. 170 or 171 to be dealt with 1 174. Notice of s. 170 or 171 application to be given to owners etc. of adjourning land affected by it 1 175. Notice of s. 170 or 171 application to be published and publicly displayed 1 176. Person opposing s. 170 or 171 application may lodge caveat 1 177. Applications under s. 170, 171 or 20 may be granted although other certificates may be affected 1 178. Certificate of title and relevant graphics may be amended or replaced on granting application 1 Part X — Special powers and duties of the Commissioner and Registrar 180. Commissioner may summons people to provide information 1 181A. Commissioner and Registrar may require supporting documentation or evidence or verification 1 181B. Commissioner and Registrar may require verification by statutory declaration 1 181. Regulations 1 182AA. Prescribed fees may exceed cost recovery 1 182AB. Expiry of s. 182AA 1 182A. Commissioner and Registrar may determine requirements 1 182B. Publication of requirements 1 182. Orders vesting trust estate 1 183. Commissioner may make vesting order in cases of completed purchase 1 184. Encumbrances which no longer affect title, powers to deal with 1 187. Appointment of executor, administrator or Public Trustee, entry on Register and effect 1 188. Powers of Registrar 1 189. Registrar may correct apparent errors in instruments without direction of Commissioner 1 190. Money received by Registrar 1 191. Registrar may demand prescribed fees 1 192A. Registrar entitled to assume that lodging party has certain authorities from other interested parties 1 192B. Registrar may refuse lodgment for non‑compliance with certain requirements 1 192C. Commissioner may refuse to take action if requirements not complied with 1 192D. Registrar may refuse registration, noting or recording for non‑compliance with requirements 1 192E. Notice of non‑compliance under s. 192D 1 192. Defective documents, rejection of 1 193. Power to state case for Supreme Court 1 Part XI — Restrictions on, and recovery of, payments of compensation by State 195. Moneys paid by State under s. 201 may be recovered 1 196. State not liable in certain cases 1 Part XII — Actions and other remedies 198. Officers not to be liable for acts done bona fide 1 199. Registered proprietor protected against ejectment except in certain cases 1 200. Court may direct cancellation of certificate or entry in Register in certain cases 1 201. Compensation of person deprived of land 1 202. Purchasers protected 1 203. Owner may require Commissioner or Registrar to substantiate decision before Supreme Court 1 204. Cost of summons and proceedings under s. 203 to be in discretion of court 1 205. Actions for damages may in some cases be brought against Registrar as nominal defendant 1 206. Actions for damages for loss due to inaccurate survey 1 207. Actions for damages in certain other cases 1 208. Claims for damages may be made to Commissioner before commencing court action 1 209. Notice of action to be served 1 210. Damages etc. awarded to be charged to Consolidated Account 1 211. Limitation of actions 1 212. Rules of Supreme Court to apply and same right of appeal as in ordinary actions 1 213. Obligation to make discovery not excluded 1 Part XIII — Offences 214. Offences 1 214A. Effect of fraud 1 Part XIV — Miscellaneous 219. Person entitled under will etc. may apply to be registered 1 220. Application under s. 219, how dealt with 1 221. Remainder‑man or reversioner may apply to be registered 1 222. Person claiming title under statute of limitations may apply to be registered 1 223. Application under s. 222, how dealt with 1 223A. Caveat against application 1 227. Survivor of joint proprietors may apply to be registered 1 228. Proprietors and transferees for time being to stand in place of previous owners 1 229. Proprietor's name, use of in court action by beneficiary etc. 1 229A. Easement not used or enjoyed for 20 years, removal of 1 229B. Orders made under s. 229A, effect of 1 230. On s. 20 applications, easements not used for 20 years or more may be omitted from certificate 1 231. Buildings on public roads etc. in Perth or Fremantle for 20 years or more 1 232B. Effect of using alternative means to provide consent, permission or approval 1 232. Receipt for documents lodged 1 233. Pending actions etc. not to affect dealings 1 234. Trustees etc. of bankrupts etc. may apply to be registered 1 235. Bankruptcy of proprietor not to affect dealings until s. 234 application or caveat lodged 1 236. Tenant in tail 1 237. Conditions of sale in Twenty‑sixth Schedule, adoption of 1 238. Forms may be modified 1 238A. Registrar's copy to be definitive 1 238B. Resubmission of document lodged electronically if data capture defective 1 239. Inspection of Register and related documents; obtaining copies and print‑outs 1 239B. Evidentiary documents as to current and historical matters 1 240. Service of notices 1 240A. Notification of change of address or way of receiving notices electronically 1 242. Interests disposed of or created by court order etc., registration of 1 243. Registrar may cancel certificate of title when land revested in Crown 1 Part XV — Transitional provisions for Electronic Conveyancing Act 2014 244. Term used: amending Act 1 245. Transitional provision for s. 52(2) 1 246. Transitional provision for s. 105(4) 1 247. Transitional provision for s. 182A (requirements) 1 Part 16 — Transitional provisions for Transfer of Land Amendment Act 2022 248. Transitional provision for duplicate certificates of title 1 249. Transitional provision for service of documents 1 First Schedule — Acts repealed Second Schedule — Application to bring land under Act Third Schedule — Notice to be posted on land Fourth Schedule — Application to be registered as proprietor by possession Ninth Schedule — Creation of rights of carriage‑way Tenth Schedule — Short and long forms of certain easements Twelfth Schedule — Short form of covenants by lessee Sixteenth Schedule — Short form of covenant by mortgagor to insure Nineteenth Schedule — Power of Attorney Twenty‑fourth Schedule — Form of application to amend certificate or amend or replace relevant graphic Twenty‑sixth Schedule — General conditions of sale Twenty‑eighth Schedule — Application to register Crown lease Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Transfer of Land Act 1893 An Act to consolidate the law relating to the simplification of the title to and the dealing with estates in land.