South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 162

162—No particulars of trust to be entered in Register Book but trust instrument may be deposited

The Registrar-General shall not, except as aforesaid, make any entry in the Register Book of the particulars of any trust, nor shall any instrument be registered under this Act, which declares or contains trusts relating to land under the provisions of this Act, but any such instrument, or a duplicate or attested copy thereof, may be deposited with the Registrar-General for safe custody and reference, and such instrument may be deposited in the General Registry Office pursuant to the Registration of Deeds Act 1935 , or any other Act relating to the deposits of deeds in the Registry Office, and may include as well land under the provisions of this Act, as land which is not under the provisions hereof: Provided that nothing herein contained shall prevent the registration of any instrument which would otherwise be valid in which a reference may be made to the instrument so deposited as aforesaid; nor shall such reference operate as notice of the particulars of the trusts declared or contained in the deposited instrument, but in the absence of caveat the registered proprietor shall, for the purpose of sale, mortgage, or contract for valuable consideration be deemed to be the absolute proprietor of such land freed from the said trusts.



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