Real Property Act 1927 (ACT)

[Extract from Commonwealth of Australia Gazette, No. 76, dated

14th July, 1927.]

THE TERRITORY FOR THE SEAT OF

GOVERNMENT.

No. 15 of 1927.

AN ORDINANCE

To amend the Real Property Ordinance 1925-1926.

in pursuance of the powers conferred by the Seat of Government	BE it ordained by the Governor-General of the Common wealth of Australia, with the advice of the Federal Executive Council,
Acceptance Act 1909 and the Seat of Government {Administration) Act 1910, as follows :—

1.—(1.) This Ordinance may be cited, as tlie Recti Properly short title and

Ordinance 1927. citation-

(2.) The Real Property Ordinance 1925-1926 is in this Ordinance

referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this. Ordinance, may

be cited as the Real Property Ordinance 1925-1927.

2. After section forty-seven of the Principal Ordinance, the

C.9726.

following section is inserted :—

47A.—(1.) Notwithstanding anything contained in the last Registration of transfers of

preceding section a transfer of a mortgage or encumbrance or a mortga

transfer or mortgage of a lease (other than a Crown lease) or sub- '"b-ieases,
lease shall be deemed and taken to be duly registered when a memorial
thereof has been endorsed on the mortgage, encumbrance, lease or
sub-lease respectively so transferred or mortgaged, and it shall not
be necessary to enter that memorial in the Register Book upon the
folium constituted by the existing grant or certificate of title.

" (2.) Every memorial prepared under the provisions of this section shall state the nature of the instrument to which it relates, the day and hour of the production of the instrument for registration and the names of the parties thereto, and shall refer by number or by symbol to the instrument and shall be signed by the Registrar".

3. Section fifty-four of the Principal Ordinance is repealed and the

following section inserted in its stead :—

Redstered joint	"54.—(1.) Where two or more persons are registered as joint proprietors of an estate or interest in land under the provisions of this Ordinance, they shall be deemed to be entitled to the estate or interest as joint tenants, and the Registrar may issue to each of them a separate and distinct certificate of title in respect of the joint estate marked respectively with the name of the owner to whom the certificate of title is issued.	•
tenants in
" (2.) Where two or more persons are entitled as tenants in common to undivided shares of or in any land, the Registrar may issue to those persons separate and distinct certificates of title or other documents evidencing title to the undivided shares".	•

Dated this sixth day of July, One thousand nine hundred and

twenty-seven.

STONEHAVEN,

Governor-General.

By His Excellency's Command,

C. W. C. MARR,

Minister of State for Home and Territories.

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Printed and Published for the GOVERNMENT of the COMMONWEALTH of AUSTRALIA ^ H

by II . J . GREEN, Government Printer for the State of Victoria. ^ ^