Western Australian Current Acts

TRANSFER OF LAND ACT 1893 - SECT 110

110 .         Transfer after sale by mortgagee etc., effect of

                Subject to section 15(10) of the Land Administration Act 1997 and section 32(3)(b) of the Contaminated Sites Act 2003 , upon the registration of any transfer signed by a mortgagee or annuitant or his transferees for the purpose of such sale as aforesaid the estate and interest of the mortgagor or grantor in the land therein described at the time of the registration of the mortgage or charge or which he was then entitled or able to transfer or dispose of under any power of appointment or disposition or under any power herein contained shall pass to and vest in the purchaser freed and discharged from all liability on account of such mortgage or charge and of any mortgage charge or encumbrance registered subsequent thereto excepting a lease, carbon right, carbon covenant, plantation interest or grant of easement to which the mortgagee or annuitant or his transferees shall have consented in writing and the purchaser when registered as the proprietor shall be deemed a transferee of such land and the Registrar may either register the purchaser as the proprietor of the land on the existing certificate of title or create and register a new certificate of title in the purchaser’s name as proprietor of the land.

        [Section 110 amended: No. 17 of 1950 s. 27; No. 81 of 1996 s. 67; No. 31 of 1997 s. 112; No. 56 of 2003 s. 15; No. 60 of 2003 s. 100.]