New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 196

196 Presumptions relating to plans

(1) The Registrar-General is entitled to assume that a person who lodges a plan under this Division has authority from all persons having an interest in the land comprised in the plan--

(a) to lodge the plan with the Registrar-General,

(b) to withdraw the plan from registration or recording temporarily or permanently, to lodge a replacement plan or to give any receipt for the plan, and

(c) to attend to all other matters which may arise in connection with the registration or recording of the plan.

(2) Where--

(a) a plan lodged or a consent given under this Division, or

(b) an approved form for signatures authorising or consenting to the registration or recording of a plan under this Division,

purports to have been signed under a power of attorney, or under any other power or authority (whether statutory or not), the Registrar-General may assume that the plan, consent or form was so signed and that there was sufficient power or authority for its being signed.

(3) Where--

(a) a seal purporting to be the seal of a corporation, whether sole or aggregate, purports to have been affixed to a plan lodged or a consent given under this Division, or to an approved form for signatures relating to the registration or recording of a plan under this Division, and

(b) the affixing of the seal purports to have been attested by a person or persons holding office in the corporation or by a person or persons authorised to attest the affixing of the seal,

the Registrar-General may assume--

(c) that the seal and attestation are genuine and were lawfully affixed to, or subscribed on, the plan or consent, and

(d) that the person or persons purporting to have attested the affixing of the seal had sufficient authority to attest the affixing of the seal in the capacity in which the person or persons purported to do so.

(4) If a plan is registered or recorded under this Division by the Registrar-General, sufficient signatures and consents in writing are taken to have been provided for the purposes of this Division.

(5) The Registrar-General is entitled to assume--

(a) that a subdivision certificate that purports to have been endorsed on any plan or approved form for signatures for the purposes of this Division was duly issued and endorsed, and

(b) that any signature or other matter that purports to have been endorsed on or provided in any plan or approved form for signatures for the purposes of this Division was duly endorsed or provided, and

(c) that all conditions precedent to the issue or endorsement of the certificate, or the endorsement or provision of the signature or other matter, were duly complied with.