Real Property (Amendment) Act 1928 (NSW)

Real Property (Amendment) Act^ 185

REAL PKOPEKTY (A]y[ENlBIENT)

ACT.

Act No. 25, 1928.

An Act to amend the Itcal Property Act, 1900, and the Real Property (Amendment) Act, 1921 ;	v,
isk.

to validate certain registrations made under the said A cts; and for purposes connected therewith. [Assented to, 12th October, 1928.]

~ O E it enacted by the King’s Most Excellent Majesty,

X )       by and with tlic advice and consent of the TjCgis-

lative Council and Legislative Assembly of New South M’̂ alcs in Parliament assembled, and by the authority of the same, as follows :—-

1 . This Act may he cited as the “ Ileal Property si ort tan.

(Amendment) Act, 192S,” and shall he read with the Ileal Property Act, 1900, as amended by .subsequent Acts,

2 . The Real Projterty Act, 1900, is amended by Aitiendment

adding at the end of section twenty the following

proviso;— ’ ’

Provided that the llegistrar-Gcneral may, if he thinks fit, dispense witli tlic service of notice upon all or any of tlie persmis stated by the applicant to be in occupation of the land the subject of the application or of land contiguous thereto,

3 . (1) The Peal Pro])crty Act, 1900, is further j.\,,.ther

amended by inserting at the end of subsection two of ■''*

section thirty-two the tallowing proviso :— Xr,. 25, 8.32

Provided that so far as any such instrument, dealing, or other matter aifects only a mortgage, encumbrance, or lease, it shall be ,sufficient if particulars of the instrument, dealing, or otlier

matter

186                   Real Property (Amendment) Act.

No. 25. 102S. matter are recorded on tlie memorandum of mort­ gage, encuml)rance, or lease affected; and for the purposes of the record of any such particulars whether required or authorised hy this or any other Actj the memorandum of mortgage, encum­ brance, or lease on which the particulars are recorded shall be deemed to be part of tlie grant or certificate of title.

(ti) Every such record as is mentioned in sub­ section one of ibis section, made by the Registrar- General before tlie passing of this Act, shall be as valid and effectual as if this Act had been passed before the record was made.

FiiH h«r	4 .	The Real Property Act, 1900, is further amended—
{iiiicndmcnt? of A ct IDOO No.
iSec, 34.	(a) by omitting section thirty-four;
.̂ ec, as (11,	(b) by omitting from subsection one of section tliirty-eight tlie words “ except in the case of a transfer or oilier dealing indorsed upon any grant certificate or otlier instrument as herein­ after ])rovided ” ;
Sec. 50 (2).	(c) by adding at the end of subsection two of section fifty the following proviso

Provided that the Registrar-General may, at his discretion, instead of retaining a partially cancelled grant or certiffcate of title, deliver the same to the proprietor of the residue of the land comprised therein or other the jierson entitled to receive i t ;

S tc , 73. (d) by inserting in section seventy-three after the words "such resistered proprietor” the words " or some person claiming his estate or interest or an estate or interest derived therefrom ” ;

Soc, 93 (2),	(e) by omittimr from subsection two of section ninety-three all words after the word " lease'’ to the end of the subsection ;
.Sec, 07 (3),	(f) by inserting in subsection two of section ninety-seven after the words "registered pro­ prietor” the words "or any person claiming under any mi'inoraudum of transfer or other instrument registcrable under this Act and signed by sueli registered projirietor or other­ wise according to law ” ;

Real Property {Amendment) Act. 187

(g) by omitting from subsection one of section one Imndrecl the words “ and sliali each receive a separate and distinct certificate of title in respect of such joint estate marked respectively with the name of the owner to whom the same sliali be delivered ” ; ' ’

(h) by inserting after subsection one of section Sec. no.

New subsco.

one hundred and ten the following new sub- '

lA.

section:—

(1a) Where, iu the opinion of the Registrar- General, a grant or certificate of title is in­ capable of conveniently containing any further endorsement, or tlie condition of tlie duplicate is such that, in the opinion of the Registrar- General, it should not be delivered to tbe registered proprietor, tbe Registrar-General may compel bim. to receive a new certiheate of title.

5. The Real Property (Amendment) Act, 1921, is Amencimfim,

amended, by adding at the end of section fourteen the

following new subsection ;— ’

( i)         Where the Registrar-General enters in the

register book, upon tlie apiiropriate grant, certificate of title or memorandum of mortgage, enciimbrance or lease, a memorandum of any such vesting as is mentioned in this section, the person in the memorandum of vesting expressed to be the proprietor or the person in whom the land is vested sliall he deemed to be at the time of entry the registered proprietor of the land.

This subsection applies in respect of entries made before as well as after the commencement of this Act.

6, Nothing in this Act shall affect the rights of any savinija.

party to any procceding.s at law or in equity commenced

before or pending at the passing of this Act.

BOY