Western Australian Current Acts Western Australian Current Acts (1) In this section
—
saleable interest , in real property, means any
legal or equitable estate or interest in the property that can be disposed of
according to law.
(2) A property
(seizure and sale) order made in respect of a judgment debtor —
(a)
applies to —
(i)
any saleable interest that is registered under the
Transfer of Land Act 1893 in respect of land under the operation of that Act
and that the debtor has at the time when the order is registered under section
133 of that Act in respect of the interest;
(ii)
any saleable interest that is not registered under the
Transfer of Land Act 1893 in respect of land under the operation of that Act
and that the debtor has at the time when the sheriff receives the order;
(iii)
any saleable interest in any other real property in the
State that the debtor has at the time when the sheriff receives the order;
and
(b)
entitles the sheriff —
(i)
to seize the land; and
(ii)
to sell the saleable interest; and
(iii)
to apply the proceeds in accordance with section 72.
(3) The
sheriff’s entitlement applies even if the judgment debtor’s
saleable interest is held jointly or in common with another or others.
(4) Actual seizure of
real property by physical occupation or other means before any saleable
interest in it is sold under a property (seizure and sale) order is not
necessary.
(5) A monetary
judgment does not create a charge over or an interest in any real property.
(6) Irrespective of
whether it is registered under the Transfer of Land Act 1893 or the
Registration of Deeds Act 1856 , a property (seizure and sale) order does not
create a charge over or an interest in any real property.
(7) Under a property
(seizure and sale) order, the sheriff must not sell any saleable interest that
is registered under the Transfer of Land Act 1893 in respect of land under
the operation of that Act unless, at the time of the sale, the order is
registered under section 133 of that Act in respect of the interest.
(8) If, after the
sheriff receives a property (seizure and sale) order, a person acquires an
interest in any real property to which the order applies, the person does so
subject to the sheriff’s entitlement in subsection (2) unless, at the
time of acquiring the interest —
(a) the
person acquired it in good faith and for valuable consideration; and
(b) the
person had no notice of the fact that the sheriff had received the order and
that it was in effect; and
(c) the
order had not been registered under the Registration of Deeds Act 1856 .
(9) Subsection (8)
does not apply to or in relation to an interest acquired in any saleable
interest that is registered under the Transfer of Land Act 1893 in respect of
land under the operation of that Act.