Western Australian Current Acts

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STRATA TITLES ACT 1985 - SECT 57

57 .         Effect of registration

        (1)         On registration of a freehold scheme —

            (a)         the title to the parcel of land that existed immediately before registration of the scheme ceases to exist; and

            (b)         the certificate of title for the parcel must be cancelled under the Transfer of Land Act 1893 .

        (2)         On registration of a leasehold scheme —

            (a)         the fee simple of the parcel of land subdivided by the scheme is divided into the strata leases and a reversionary interest in the parcel that reverts to the owner of the leasehold scheme on the expiry or termination of the scheme; and

            (b)         the certificate of title for the parcel must be endorsed accordingly under the Transfer of Land Act 1893 .

        (3)         On registration of a strata titles scheme or an amendment of a strata titles scheme to give effect to a subdivision of land —

            (a)         the relevant lots are created, cease to exist or are varied as required by the subdivision; and

            (b)         if a lot in a leasehold scheme ceases to exist, the strata lease for the lot is extinguished; and

            (c)         the relevant common property (if any) comes into existence, ceases to exist or is varied as required by the subdivision.

        (4)         A scheme document, or an amendment of a scheme document, has effect from when it is registered or recorded by the Registrar of Titles.

        [Section 57 inserted: No. 30 of 2018 s. 83.]

[Former section 57 renumbered as section 84 and relocated to Part 5 Division 4: No. 30 of 2018 s. 84.]



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