Victorian Current Acts

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TRANSFER OF LAND ACT 1958 - SECT 98CF

Special provisions

    (1)     In this section specified date means 31 March 1966.

    (2)     If an application is made in respect of a building subdivision the plan of which was approved on or before the specified date and in respect of which no service company operates and the Registrar is satisfied—

        (a)     that one or more lots on the plan of building subdivision had been sold on or before the specified date; and

        (b)     that on or before the specified date there was in existence a scheme of development under which the proprietors of allotments on the plan of building subdivision enjoyed or were intended to enjoy exclusive use and possession of parts of the common property on the proposed plan—

there may be included in a lot on the proposed plan a stratum of any land the exclusive use and possession of which under the scheme is or was intended to be enjoyed by the owner of the corresponding allotment on the plan of building subdivision and the proposed plan may be registered notwithstanding that to that extent the boundaries of the allotments on the plan of building subdivision do not substantially correspond with the boundaries of the lots on the plan of subdivision.

Pt 5 Div. 4A (Heading and s. 98D) inserted by No. 7/1986 s. 4(1).

Division 4A—Share interests

S. 98D inserted by No. 7/1986 s. 4(1).



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