Amendment of Deeds of Grant Act 1884 (WA)

Western Australia

Amendment of Deeds of Grant Act 1884

Western Australia

Amendment of Deeds of Grant Act 1884 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Amendment of Deeds of Grant to show adjusted boundaries3 — Amendment of enrolled copies of lost Deeds of Grant3A — Interpretation4 — Short titleNotes — Compilation table — Compilation tableDefined terms —

Western Australia

Amendment of Deeds of Grant Act 1884

Amendment of Deeds of Grant Act 1884

An Act to simplify the procedure in amending Deeds of Grant which contain an erroneous description of the boundaries of the land contained therein.

Preamble

Whereas the procedure in amending Deeds of Grant which contain an erroneous description of the boundaries of allotments in the towns of the Colony, as provided in the fifth section of the 8th Victoria, No. 9, is cumbrous and inconvenient, and whereas there is no similar provision contained in the Act 4th and 5th Victoria, No. 20 2, relating to the boundaries of country lands or lands not included within the provisions of the first recited Act; And whereas it is desirable that a simple method of procedure should be provided for the amendment of the Deeds of Grant referred to in the said Acts:

Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: — 

1.Amendment of Deeds of Grant to show adjusted boundaries

In any case in which the true boundaries of any lands or allotments shall have been duly adjusted under the powers of the said recited Acts or of either of them, and the said boundaries so adjusted as aforesaid shall differ from those contained in any grant thereof from the Crown, issued previously to such adjustment, it shall be lawful for an authorised land officer to endorse or cause to be endorsed on the back or other convenient part of the deed or instrument of grant, if it shall be produced to him for that purpose, the true boundaries as so adjusted and which he shall sign, and the said deed so endorsed and signed as aforesaid shall be forthwith given or forwarded by an authorised land officer to the Registrar of Deeds and Transfers, and the said Registrar shall make and sign a memorandum of such endorsement in the margin or in some other convenient part of the enrolled copy of the said deed, and shall re‑deliver the said deed to the person producing the same as aforesaid.

[Section 1 amended: No. 126 of 1987 s. 29; No. 47 of 2011 s. 16.]

[2. Omitted under the Reprints Act 1984 s. 7(4)(f) and (g).]

3.Amendment of enrolled copies of lost Deeds of Grant

If any such Crown Grant as aforesaid shall have been lost, the grantee, his heir or assignee, or other owner for the time being of the lands or allotments contained therein, may apply to an authorised land officer to forward to the Registrar of Deeds and Transfers a certified copy of the entry in the Record Book kept by an authorised land officer of the true boundaries of the said lands or allotments, and an authorised land officer shall, on such application being duly made to him as aforesaid, forward a certified copy of the entry in the said book of the true boundaries of the said lands or allotments, without fee, to the Registrar of Deeds and Transfers, who shall thereupon make and sign a memorandum of the true boundaries of the said lands or allotments in the margin or in some other convenient part of the enrolled copy of the said deed.

[Section 3 amended: No. 126 of 1987 s. 30; No. 47 of 2011 s. 16 and 27.]

3A.Interpretation

In this Act — 

authorised land officer has the meaning given by the Land Administration Act 1997.

[Section 3A inserted: No. 126 of 1987 s. 31; amended: No. 31 of 1997 s. 141.]

4.Short title

This Act may be cited as the Amendment of Deeds of Grant Act 1884 1.

[Section 4 inserted: No. 81 of 1966 s. 2.]

Notes

1          This is a compilation of the Amendment of Deeds of Grant Act 1884 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Untitled Act 3	48 Vict. No. 13 1884	10 Sep 1884	10 Sep 1884
Statute Law Revision (Short Titles) Act 1966 s. 2	81 of 1966	12 Dec 1966	12 Dec 1966
Acts Amendment (Land Administration) Act 1987 Pt. VI	126 of 1987	31 Dec 1987	16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637)
Reprint of the Amendment of Deeds of Grant Act 1884 as at 12 Jul 1989 (includes amendments listed above)
Acts Amendment (Land Administration) Act 1997 s. 141	31 of 1997	3 Oct 1997	30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)
Reprint 2: The Amendment of Deeds of Grant Act 1884 as at 10 Oct 2003 (includes amendments listed above)
Statutes (Repeals and Minor Amendments) Act 2011 s. 16 and 27	47 of 2011	25 Oct 2011	26 Oct 2011 (see s. 2(b))

2          Land Boundaries Act 1841.

3          Now known as the Amendment of Deeds of Grant Act 1884; short title inserted (see note under s. 4).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

authorised land officer.................................................................................................. 3A