TRANSFER OF LAND ACT 1893

Western Australian Current Acts

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TRANSFER OF LAND ACT 1893

TABLE OF PROVISIONS

Long Title

PART IA -- Preliminary

1. Short title
2. Repeals and savings
3. Application of other laws etc. and this Act
4. Terms used; application of Act to Crown land
4A. Sections of this Act that do not apply to Crown land

PART I -- Officers

5. Commissioner of Titles
6. Deputy Commissioner of Titles
7. Registrar of Titles
7A. Offices of Commissioner and Registrar may be held by one person
8. Examiner of Titles, Assistant Registrar of Titles
8A. Designating statutory officers, generally
9. Certain signatures to be judicially noticed
10. Seal
11. Assistant Registrar’s powers
12. Commissioner and Examiner of Titles not to practise law
13. Oaths of office
14. Commissioner and Registrar may exercise functions electronically
15. Delegation by Commissioner
15A. Delegation by Registrar
16. Rules relating to surveyors
17. Some of Minister for Lands’ functions under this Act may be performed by authorised officer

PART II -- Bringing land under the Act

20. Bringing lands alienated in fee before 1 July 1875 under this Act
20A. Evidence and restrictions of requisitions
21. How application to be dealt with when no dealing has been registered
22. How application to be dealt with when dealing has been registered
23. Notice of application to bring land under this Act and rescission of previous directions on undue delay
24. Person claiming title by possession to post notice of application on land
25. Land to be brought under this Act unless caveat received
26. Land occupied may be brought under this Act by different description from that in title on special application
27. Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate
28. Title may be given to excess of land occupied under Crown grant over land described in Crown grant
29. Excess of land may be apportioned between different owners or proprietors
30. Parties interested may lodge caveat
31. If caveat received, proceedings suspended
32. Caveat to lapse unless proceedings taken within one month
33. Judge may require production of title deeds in support of application to bring land under this Act
34. Applicant may withdraw application
35. Documents of title
36. Subsisting lease to be endorsed and returned
37. Additional evidence to be scheduled
38. Some certificates of title to issue in name of deceased person
39. Registration of leaseholds
42. Production of lease may be dispensed with on bringing land under this Act
43. Certain memorials to be sufficient evidence of conveyances in fee
45. Commissioner may direct Registrar to bring land under this Act
46. Title to land sold under order or decree may be deemed sufficient
47. Formalities of order

PART III -- Certificates of titles and registration

48. Register
48A. Certificates of title
48B. No duplicate certificate of title to be issued
48C. Symbols
49. One certificate may be created for lands not contiguous
50. Area of land need not be mentioned in certificate
52. Registration of certificates of title and instruments
53. Priority of registration of instruments
54. Incorporation of terms etc. of certain memoranda
55. Trusts
56. Memorandum to state certain particulars
58. Instruments not effectual until registered
59. Notations as to legal disability of proprietor
60. Joint tenants and tenants in common
61. Effect of insertion of words “no survivorship”
62. Notice to be published before effect given to order
63. Certificate to be conclusive evidence of title
63A. Certificates may contain statement of easements
64. Certificate conclusive evidence as to title to easements
65. Short forms etc. for easements, effect of
65A. Memorandum of easement
66A. No separate certificate for easement
67. Certificate conclusive evidence in suit for specific performance or action for damages
68. Estate of registered proprietor paramount
69. Certain easements and conditions to be noted as encumbrances
70. Reversions expectant on leases
70A. Factors affecting use and enjoyment of land, notification on title
71. Single certificate may be created instead of separate ones
71A. Separate certificates may be created instead of single one
72. History of dealings to be preserved
74A. Substitute certificates of title
81. Words of inheritance or succession to be implied

PART IIIA -- Crown leases

81A. Registration of Crown leases issued on or after 2 May 1910
81B. Registration of Crown leases issued before 2 May 1910
81C. Effect of registration
81D. Registration of transfer etc.
81E. No foreclosure without consent of Minister for Lands
81F. Entry of forfeiture
81G. Crown lessee to be deemed of full age
81H. Sections of this Act and land Acts that do not apply to Crown leases
81I. Mortgage of Crown lease to be transferred to Crown grant

PART IIIB -- Registration and recording in relation to Crown land

Division 1 -- General

81J. Application of this Part
81K. Terms used
81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title
81M. Lodging etc. of management orders
81N. Crown surveys
81O. No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued
81P. Endorsements on certificates of Crown land title and qualified certificates of Crown land title
81Q. Leases and subleases of Crown land, registration of
81R. Profits à prendre, registration of
81RA. Other encumbrances in respect of fee simple in Crown land
81S. Prerequisites to registering dealings as to Crown land
81T. Registered proprietors etc. protected against ejectment except in certain cases

Division 2 -- Transitional

81U. Registrar may accept for registration signed and stamped duplicate original documents
81V. Minister for Lands may apply for cancellation, creation etc. of certificates of Crown land title etc.
81W. Procedure when applications referred to Commissioner
81X. Procedure on lodging of caveat under s. 81W(6)
81Y. Registrar’s duties when applications made under s. 81V(1)(a) granted
81Z. Registrar’s duties when applications made under s. 81V(1)(b) granted
81ZA. Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists
81ZB. Qualified certificates of Crown land title, general matters
81ZC. Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc.
81ZD. Registrar may convert Crown leases into leases registered under s. 81Q

PART IV -- Dealings with land

Division 1 -- Transfers

82. Transfers
83. Transfer to include right to sue thereunder
84. Transfers may be to proprietor and others jointly etc.
85. Signed and registered instruments have efficacy of deeds
86. Registration of transfer
87. Total transfer by endorsement on paper title or by entering transferee’s name on digital title
88. Transferee of encumbered land to indemnify transferor
88A. Memorial of easements to be registered

Division 2 -- Leases and subleases

91. Leases
92. Covenants by lessee implied in leases
93. Lessor’s powers implied in leases
94. Short forms of covenants by lessees
95. Covenant to be implied on transfer of lease
96. Recovery of possession by lessors to be entered in Register
97. Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply
98. Surrendering leases
99. Lessee may sublet
100. Registration of subleases
102. Provisions about leases apply to subleases
103. Covenants implied in subleases
104. Determination of lease or sublease by re-entry to be entered in Register

Division 2A -- Carbon rights and carbon covenants

104A. Terms used
104B. Registration of carbon right form
104C. Extension of carbon right
104D. Transfer of carbon right
104E. Mortgage of carbon right
104F. Surrender of carbon right
104G. Registration of carbon covenant form
104H. Extension of carbon covenant
104I. Variation of carbon covenant
104J. Transfer of benefits under carbon covenant
104K. Mortgage of carbon covenant
104L. Surrender of carbon covenant

Division 2B -- Tree plantation agreements and plantation interests

104M. Terms used
104N. Registration of tree plantation agreement
104O. Extension of plantation interest
104P. Variation of agreement
104Q. Transfer of plantation interests
104R. Mortgage of plantation interests
104S. Surrender of plantation interests

Division 3 -- Mortgages and annuities

105. Mortgages and charges for annuities, creating
105AA. Mortgages lodged electronically
105A. Extension of mortgage, charge or lease
106. Mortgage or charge not to operate as transfer; default procedures
107. Written demand equivalent to written notice
108. Power to sell in cases of continuing default
109. Application of purchase money
110. Transfer after sale by mortgagee etc., effect of
111. Remedies of mortgagee or annuitant in cases of default
112. Further remedies of mortgagee or annuitant
112A. Abolition of power of distress
113. Covenants implied in mortgages
114. Mortgagee or annuitant of leasehold entering into possession become liable to lessor
115. Short form of covenant by mortgagor to insure
116. Rights of mortgagees generally
117. Mortgagor not to sue on cause of action available to mortgagee without mortgagee’s consent
118. Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands
119. Mortgagee may seek court order as to money recovered by mortgagor in action
120. Application of moneys obtained by mortgagee in action
121. Foreclosure, application for order for
122. Application for foreclosure to be advertised
123. Discharge of mortgages and annuities
124. Mortgages etc. made before land brought under this Act
125. Entry of satisfaction of annuity
126. Payments under and discharge of mortgages when mortgagee absent from State etc.
127A. Subsequent mortgages or charges
128. Land brought under this Act subject to mortgage, rights of mortgagee etc.
128A. Another mortgagee may tender payment

Division 3A -- Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements

129A. Creation of restrictive covenants
129B. Discharge and modification of restrictive covenants
129BA. Restrictive covenants benefiting local governments and public authorities
129BB. Discharge and modification of s. 129BA covenants
129C. Supreme Court’s powers as to easements etc.

Division 4 -- Miscellaneous

130. Seal of corporation substitute for signature
131. Implied covenants and powers may be modified or negatived
133. Property (seizure and sale) order, registration of etc.
134. Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc.
135. Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer
136. Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land

PART IVA -- Creation of easements and restrictive covenants by notations on subdivision plans and diagrams

136A. Term used: plan
136B. Application of this Part
136C. Notation of easements on subdivision plans
136D. Notation of restrictive covenants on subdivision plans
136E. Consent of certain persons required to creation of easements and restrictive covenants
136F. When easements and restrictive covenants under this Part have effect
136G. Easements and restrictive covenants under this Part may be effective for specified term only
136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor
136I. Recordings in Register
136J. Discharge and modification of easements and restrictive covenants under this Part

PART V -- Caveats

136K. Term used: section 138A caveat; application of this Part
137. Lodging caveats for land already under this Act
138. Consequences of lodging caveat
138A. Caveats to which s. 138B to 138D apply
138B. Requiring caveator to seek court order extending s. 138A caveat
138C. Supreme Court’s powers on application by caveator
138D. Restrictions on caveators lodging further s. 138A caveats
139. Effect of caveats
140. Compensation for caveat lodged without reasonable cause
141. Registrar’s duties when caveat lodged or lapses
141A. Requiring caveators to withdraw caveats or substantiate their claims
142. Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases

PART VI -- Powers of attorney and attestation of instruments

143. Powers of attorney, creation and filing of
144. Powers of attorney, effect of
145. Signatures on documents, witnessing requirements

PART VII -- Search certificates and stay orders

146. Finding out whether proprietor is free to deal with land
147. Person issued search certificate under s. 146 entitled to inspect certificate of title
148. Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear
149. Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s.
150. Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s.

PART VIII -- Surveys, plans, parcels and boundaries

151. Crown survey boundaries as marked on ground are true boundaries
152. Crown grant or lease conveys land within survey boundaries
153. Aliquot parts of Crown section having excess of area
153A. Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc.
154. How boundaries may be proved in absence of survey marks
155. Margin of error allowed in description of boundaries
156. Commissioner may require special survey of land
157. Commissioner may require accuracy of survey to be verified
158. Commissioner may disregard minute errors of dimensions
159. Excess land may be apportioned between different owners or proprietors
160. Commissioner’s powers where boundaries unclear in subdivision
161. Plan to be made of subdivision proposed under s.
162. Subdivision proposed under s. 160 to be advertised etc.
163. Finalised subdivision, verification and effect of plan of
164. Public notice to be given of finalised subdivision and plan
165. Expense of survey ordered under s. 160, how paid
166. New certificates of title on subdivision of land
166A. Subdivisions of Crown land
166B. Subsidiary certificates of Crown land title
167. Number of allotment on plan of subdivision sufficient description for purposes of dealing
167A. Rights of way generally not public ways or thoroughfares
168. Abuttals may be used in description of land in certificate
169. Objects which may constitute abuttals

PART IX -- Amendment of certificates and amendment or replacement of graphics

169A. Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land
170. Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate
171. Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him
172. Form of application under s. 170 or
173. How application under s. 170 or 171 to be dealt with
174. Notice of s. 170 or 171 application to be given to owners etc. of adjourning land affected by it
175. Notice of s. 170 or 171 application to be published and publicly displayed
176. Person opposing s. 170 or 171 application may lodge caveat
177. Applications under s. 170, 171 or 20 may be granted although other certificates may be affected
178. Certificate of title and relevant graphics may be amended or replaced on granting application

PART X -- Special powers and duties of the Commissioner and Registrar

180. Commissioner may summons people to provide information
181A. Commissioner and Registrar may require supporting documentation or evidence or verification
181B. Commissioner and Registrar may require verification by statutory declaration
181. Regulations
182AA. Prescribed fees may exceed cost recovery
182AB. Expiry of s. 182AA
182A. Commissioner and Registrar may determine requirements
182B. Publication of requirements
182. Orders vesting trust estate
183. Commissioner may make vesting order in cases of completed purchase
184. Encumbrances which no longer affect title, powers to deal with
187. Appointment of executor, administrator or Public Trustee, entry on Register and effect
188. Powers of Registrar
189. Registrar may correct apparent errors in instruments without direction of Commissioner
190. Money received by Registrar
191. Registrar may demand prescribed fees
192A. Registrar entitled to assume that lodging party has certain authorities from other interested parties
192B. Registrar may refuse lodgment for non-compliance with certain requirements
192C. Commissioner may refuse to take action if requirements not complied with
192D. Registrar may refuse registration, noting or recording for non-compliance with requirements
192E. Notice of non-compliance under s. 192D
192. Defective documents, rejection of
193. Power to state case for Supreme Court

PART XI -- Restrictions on, and recovery of, payments of compensation by State

195. Moneys paid by State under s. 201 may be recovered
196. State not liable in certain cases

PART XII -- Actions and other remedies

198. Officers not to be liable for acts done bona fide
199. Registered proprietor protected against ejectment except in certain cases
200. Court may direct cancellation of certificate or entry in Register in certain cases
201. Compensation of person deprived of land
202. Purchasers protected
203. Owner may require Commissioner or Registrar to substantiate decision before Supreme Court
204. Cost of summons and proceedings under s. 203 to be in discretion of court
205. Actions for damages may in some cases be brought against Registrar as nominal defendant
206. Actions for damages for loss due to inaccurate survey
207. Actions for damages in certain other cases
208. Claims for damages may be made to Commissioner before commencing court action
209. Notice of action to be served
210. Damages etc. awarded to be charged to Consolidated Account
211. Limitation of actions
212. Rules of Supreme Court to apply and same right of appeal as in ordinary actions
213. Obligation to make discovery not excluded

PART XIII -- Offences

214. Offences
214A. Effect of fraud

PART XIV -- Miscellaneous

219. Person entitled under will etc. may apply to be registered
220. Application under s. 219, how dealt with
221. Remainder-man or reversioner may apply to be registered
222. Person claiming title under statute of limitations may apply to be registered
223. Application under s. 222, how dealt with
223A. Caveat against application
227. Survivor of joint proprietors may apply to be registered
228. Proprietors and transferees for time being to stand in place of previous owners
229. Proprietor’s name, use of in court action by beneficiary etc.
229A. Easement not used or enjoyed for 20 years, removal of
229B. Orders made under s. 229A, effect of
230. On s. 20 applications, easements not used for 20 years or more may be omitted from certificate
231. Buildings on public roads etc. in Perth or Fremantle for 20 years or more
232B. Effect of using alternative means to provide consent, permission or approval
232. Receipt for documents lodged
233. Pending actions etc. not to affect dealings
234. Trustees etc. of bankrupts etc. may apply to be registered
235. Bankruptcy of proprietor not to affect dealings until s. 234 application or caveat lodged
236. Tenant in tail
237. Conditions of sale in Twenty-sixth Schedule, adoption of
238. Forms may be modified
238A. Registrar’s copy to be definitive
238B. Resubmission of document lodged electronically if data capture defective
239. Inspection of Register and related documents; obtaining copies and print-outs
239B. Evidentiary documents as to current and historical matters
240. Service of notices
240A. Notification of change of address or way of receiving notices electronically
242. Interests disposed of or created by court order etc., registration of
243. Registrar may cancel certificate of title when land revested in Crown

PART XV -- Transitional provisions for Electronic Conveyancing Act 2014

244. Term used: amending Act
245. Transitional provision for s. 52(2)
246. Transitional provision for s. 105(4)
247. Transitional provision for s. 182A (requirements)

PART 16 -- Transitional provisions for Transfer of Land Amendment Act 2022

248. Transitional provision for duplicate certificates of title
249. Transitional provision for service of documents
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
NINTH SCHEDULE
TENTH SCHEDULE
TWELFTH SCHEDULE

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