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REAL PROPERTY ACT 1900 - SECT 28J
Cautions
28J Cautions
(1) When creating a qualified folio of the Register for any land, the
Registrar-General shall record in that folio a caution warning persons dealing
with the registered proprietor that the land comprised therein is held subject
to any subsisting interest, whether recorded therein or not.
(1A) Where, in
the opinion of the Registrar-General, any of the documents which evidenced the
title to land comprised in a qualified folio of the Register conveyed or
purported to convey the land otherwise than for valuable consideration, the
Registrar-General may, when creating the folio, include in the caution
recorded therein a notation to that effect.
(1B) Where, in the opinion of the
Registrar-General, the title of the registered proprietor to land comprised in
a qualified folio of the Register depends on the operation of any statute of
limitations, the Registrar-General may, when creating the folio, include in
the caution recorded therein a notation to that effect.
(2) In any caution
recorded under subsection (1) in a qualified folio of the Register, the
Registrar-General may indicate that, for the purpose of creating an ordinary
folio of the Register for other land, a chain of title evidencing the title to
land for which the qualified folio was created has been accepted by the
Registrar-General up to a specified deed registered under Division 1 of Part
23 of the Conveyancing Act 1919 .
(3) Where a caution contains any such
indication, the qualified folio of the Register shall, notwithstanding any
other provision of this Part, not be subject to any interest arising under an
instrument registered under Division 1 of Part 23 of the Conveyancing Act
1919 before the registration of the specified deed referred to in subsection
(2), other than such subsisting interests as are recorded in that folio or are
preserved by section 42.
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