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STRATA TITLES (GENERAL) REGULATIONS 2019 - REG 167

167 .         Conversion of tenancy in common to strata titles scheme — simplified procedure

        (1)         The Registrar of Titles may direct that the procedure provided for by this regulation (the simplified conversion procedure ) is to apply to the conversion of a tenancy in common to a strata titles scheme, instead of the usual procedure that, but for that direction, would apply.

        (2)         The simplified conversion procedure is as follows —

            (a)         an application for conversion to a strata titles scheme must be made to the Registrar of Titles as an application for registration of the strata titles scheme under section 56;

            (b)         the application must be signed by all the owners of the land the subject of the application;

            (c)         the application must identify the type of strata titles scheme to be created, that is, whether it is a strata scheme or survey‑strata scheme and whether it is a freehold scheme or leasehold scheme;

            (d)         the application must be accompanied by a disposition statement that is signed by all the owners of the land the subject of the application and complies with the requirements of these regulations in relation to disposition statements;

            (e)         if the scheme to be created is a leasehold scheme, the disposition statement must also direct the Registrar of Titles to endorse the certificate of title for the parcel in accordance with section 57(2)(b).

        (3)         To avoid doubt, an owner of land who is a mortgagee in possession or the owner of a life estate can apply for a conversion under this regulation.

        (4)         If an application is made by the owner of a life estate in land, the owner in remainder must also consent to the application.

        (5)         If the Registrar of Titles is satisfied that the simplified conversion procedure has been complied with, the Registrar of Titles must register the strata titles scheme in accordance with section 58.



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