Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 26V

S. 26V(1) amended by No. 42/2017 s. 10(2).

    (1)     The Registrar may make a recording in the Register of an instrument which affects land brought under this Act under this Part even though the instrument is not in the appropriate approved form if—

        (a)     the instrument is dated before or not later than 6 months after the date of creation of the first folio of the Register to the land; and

        (b)     the instrument is in a form which complies with the requirements which applied to the registration of instruments under section 6 of the Property Law Act 1958 as in force immediately before the commencement of section 22 of the Transfer of Land (Single Register) Act 1998 .

    (2)     If—

        (a)     an instrument of transfer or mortgage in an appropriate approved form is lodged with the Registrar for recording under this Act—

              (i)     together with a legal practitioner's certificate relating to the title to the land; or

              (ii)     after a legal practitioner's certificate relating to the title to the land has been lodged with the Registrar; or

              (iii)     as a specified dealing under Division 3; or

              (iv)     after a specified dealing in relation to the land has been lodged under Division 3; and

        (b)     the Registrar refuses to bring the land under this Act otherwise than by the creation of an identified folio—

the instrument—

        (c)     is deemed to be a deed; and

        (d)     operates as a conveyance of the fee or equity of redemption (as the case requires); and

        (e)     in all other respects has effect as a conveyance or mortgage under the general law.

    (3)     If—

        (a)     an instrument of mortgage in an appropriate approved form is entered into in anticipation of the lodging under Division 2 of a legal practitioner's certificate relating to the title to the land; and

        (b)     either—

              (i)     the legal practitioner's certificate is not so lodged; or

              (ii)     the Registrar refuses to accept the legal practitioner's certificate for lodgment under Division 2—

the instrument—

        (c)     is deemed to be a deed; and

        (d)     operates as a conveyance of the fee or equity of redemption (as the case requires); and

        (e)     in all other respects has effect as a mortgage under the general law.

    (4)     It is not necessary for any person to enquire whether a mortgage was entered into in an appropriate approved form in anticipation of the lodging of a legal practitioner's certificate under Division 2.

    (5)     In this section "specified dealing" does not include an assignment of possessory rights.

S. 26W inserted by No. 85/1998 s. 6.