New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 28C

28C Qualified folio may be created on subdivision

(1) The Registrar-General may refuse to register, pursuant to Division 3 of Part 23 of the Conveyancing Act 1919 , a plan of subdivision that includes land under common law title unless there is lodged with the Registrar-General--

(a) any registered deed whereby the land was, or purported to be, conveyed to the subdivider, or

(b) where the subdivider acquired title to any such land by devolution in law, any registered deed whereby the land was, or purported to be, conveyed to the person from whom the land so devolved, and such other evidence of the devolution as the Registrar-General may require,

together with any registered deed whereby a legal estate in the land is, or purports to be, vested in a mortgagee.

(2) Upon registration of a plan referred to in subsection (1) and lodgment of the appropriate documents referred to in that subsection, the Registrar-General may create, in accordance with the provisions of this Part, a qualified folio of the Register for any land under common law title included in the plan.