Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 98CD

    (1)     In addition to sections 24 and 28 of the Subdivision Act 1988 , the following provisions apply as from the registration of the plan of subdivision—

        (a)     if a service company operated, all rights and obligations arising under any service agreement are extinguished and any charge given to the service company affecting any land in the subdivision is discharged;

        (b)     all easements affecting any land in the subdivision are extinguished to the extent that they are appurtenant to any land in the subdivision;

        (c)     all restrictions and obligations arising under any covenant or otherwise which affect any land in the subdivision imposed for the benefit of any land or the owner of any land in the subdivision are discharged;

        (d)     any lease or other right of occupancy in any part of the common property other than a registered lease or a lease lodged for registration prior to the lodging of the plan of subdivision is determined;

S. 98CD(1)(e) amended by No. 80/2009 s. 54(a).

        (e)     any reference in any document to an allotment on the plan of building subdivision is to be construed as a reference to the corresponding lot on the registered plan of subdivision together with any right over the common property.

S. 98CD(1)(f) amended by No. 69/2006 s. 224(Sch. 3 item 10.2(a)), repealed by No. 80/2009 s. 54(b).

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    (2)     Without limiting subsection (1), the following provisions apply as from the registration of the plan of subdivision—

S. 98CD(2)(a) amended by No. 69/2006 s. 224(Sch. 3 item 10.2(b))

        (a)     the property, rights and other assets that immediately before the registration were those of the service company vest in the owners corporation;

S. 98CD(2)(b) amended by No. 6/2008 s. 38(4).

        (b)     the debts, obligations and liabilities of the service company immediately before the registration become the debts, obligations and liabilities of the owners corporation;

S. 98CD(2)(c) amended by No. 6/2008 s. 38(4).

        (c)     the owners corporation by force of this section becomes party to any proceedings pending in any court in which the service company was a party immediately before the registration;

S. 98CD(2)(d) amended by No. 6/2008 s. 38(4).

        (d)     the owners corporation by force of this section becomes a party to any arrangement or contract entered into by or on behalf of the service company as a party and in force immediately before the registration;

S. 98CD(2)(e) amended by No. 6/2008 s. 38(4).

        (e)     except so far as they are altered or modified expressly or by necessary implication by reason of the registration the rights, interests, duties, obligations and liabilities of the members of the service company existing immediately before its dissolution continue in existence in relation to the owners corporation;

S. 98CD(2)(f) amended by No. 6/2008 s. 38(4).

        (f)     all acts, matters and things of a continuing nature made, done or commenced by or on behalf of the service company and immediately before its dissolution of any force or effect or capable of acquiring any force or effect are taken to have been done or commenced by or on behalf of the owners corporation;

S. 98CD(2)(g) amended by No. 6/2008 s. 38(4).

        (g)     any reference to the service company in any notice, demand, order, legal or other proceeding, deed, contract, agreement, instrument or document if not inconsistent with the context or subject-matter is to be taken to refer to the owners corporation.

S. 98CE inserted by No. 53/1988 s. 45(Sch. 2 item 109).