Real Property (Amendment) Act 1956 (NSW)

REAL PROPERTY (AMENDMENT) ACT.

Act No. 12, 1956.

An Act to make further provision relating to the removal of caveats and the transmission of mortgages, encumbrances and leases; for these and other purposes to amend the Real Property Act, 1900, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 30th August, 1950.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows:—
1. (1) This Act may be cited as the "Real Property (Amendment) Act, 1956." (2)

(2) The Real P r o p e r t y Act, 1900, as amended by

subsequent Acts and by this Act, mav be cited as the

Real P r o p e r t y Act, 1900-1956.

2 . The Rea l P r o p e r t y Act, 1900-1955, is amended—

(a)	by inserting at the end of section twelve the fol-
lowing new p a r a g r a p h s : —

(g)	He may, on such evidence as appears to h im sufficient, enter in the register-book a notification of any change in the name of a reg is te red p ropr ie to r , whether the change is consequent upon the mar ­
r iage of the p rop r i e to r or otherwise.
(h)	He may at his discretion, and notwith­ s tand ing any th ing in this Act, dispense with any adver t i sement (other t han adver t i sements in the Government Gazette presci-ibed by sections eighteen and nineteen of this Act ) or the supply to him of any informat ion or the p ro ­ duction to him of any ins t rument .

(b) (i) by inser t ing in subsection one of section 31A after the words " o r any other A c t " the words " , or Act of the Pa r l i amen t of the Commonweal th , ' ' ;

( i i) by inse r t ing in subsection two of the same t i o n " the words " o r in a Commonwealth of section af ter the words " G a z e t t e notifica­ Aus t ra l i a Gazette notification or n o t i c e " ;

(iii)   by inserting in the same subsection after the

words " s u c h not i f ica t ion" the words " o r

n o t i c e " ;

(iv)   by inserting in subsection four of the same section af ter the word "notification'" ' the

words " o r n o t i c e " ;

(v)

(v)   by omitting from subsection six of the same section the words "Conveyancing (Amend­ ment) Act, 1932" and by inserting in lien thereof the words "Real Property (Amend­ ment) Act, 1956";

(c) by omitting from section thirty-seven the words
the day and hour of the production of such
instrument for registration, the names of the
parties thereto, and shall refer by number or
symbol to such instrument" and by inserting in

lieu thereof the words "and such other par­

ticulars as the Registrar-General di rects" ;

(d) by inserting at the end of section thirty-nine the following new provisos :—

Provided that the Registrar-General may. at his discretion, register an instrument notwith­ standing any error in or omission from its memorandum of prior encumbrances and, in such case, the error or omission shall not invalidate the registration of the instrument:

Provided further that, instead of rejecting any instrument containing a patent error, the Registrar-General may of his own motion correct the error by marginal notation on the instrument, and the instrument so corrected shall have the like validity and effect as if the error had not been made.

(e) (i) by omitting from section 46A the words

"notification of acquisition under the Lands

Acquisition Act, 1906-1916," and by insert­
ing in lieu thereof the words "notice or
notification of acquisition under the Lands Acquisition Act 1955 of the Parliament of the Commonwealth or under any Act repealed by the said Lands Acquisition Act 1955";

(ii)   by inserting in paragraph (b) of the same section before the word "notification" wherever occurring the words "notice o r " ;

(iii)

(iii) by inser t ing in p a r a g r a p h (c) of the same

section before the word "no t i f i c a t i on" where firstly and secondly occurr ing the

words "no t i c e o r " ;

(iv) by inser t ing in the same p a r a g r a p h af ter

the	word	"no t i f i ca t ion"	where	last ly
occurr ing	the	words	" o r	n o t i c e " ;

(f) by inserting next after seetion seventy-three the following new seet ion:—

73A. W h e r e it a p p e a r s to the Reg i s t r a r -

General t h a t the es ta te or in te res t claimed by any caveator has ceased to exist he may, on the appl icat ion of any pe r son in teres ted in the land, es ta te or in te res t in respect to which the caveat is lodged, serve notice on the caveator requir­ ing him within four teen days from the da te of service of the notice to show cause to the Regis t ra r -Genera l why the caveat should not be removed.

Unless within that t ime the caveator so shows cause to the sat isfact ion of the Reg i s t r a r - General , the caveat shall be deemed to have lapsed.
The notice shall be fo rwarded by post in a regis tered le t te r addressed to the caveator a t the address ment ioned in the caveat, or a t the office of the solicitor, known agent , or a t torney, who m a y have signed the eaveat, and shall be deemed to have been duly served when the regis tered le t ter would in the o rd ina ry course be delivered.

(g)	by inserting in section seventy-four after the words " t h e R e g i s t r a r Genera l shall n o t " the words " , except with the wr i t t en consent of the
caveator or his a g e n t , " ;
(h)	by omitting from subsection one of section eighty-six the words " t h e da te of the said order , the da te and hour of i ts product ion to him, a n d " ;

(i)

(i) by omitting section ninety-two;

(j) by omitting section ninety-three and by inserting in lieu thereof the following section:—

93. (J) Upon the death of the registered pro­ prietor of any mortgage, encumbrance, or lease the executor, administrator or other person claiming to be entitled to be registered as pro­ prietor of the mortgage, encumbrance or lease may apply in writing to the Registrar-General to be so registered.

(2) The application shall be supported by such evidence as the Registrar-General may require and, where the applicant claims other­ wise than as executor, administrator, or trustee, shall bo accompanied by the consent of the executor or administrator unless the Registrar- General thinks fit to dispense with that consent.

(3) The Registrar-General, on proof that the applicant is so entitled, shall register him as proprietor of the mortgage, encumbrance, or lease.

(k) (i) by inserting in subsection one of section one

hundred and five after the words "shall

enter" the words "particulars thereof";

(ii)   by omitting from the same subsection the words " , the date of the said writ, direction, decree, or order, and the date and hour of the production thereof";

(iii)   by omitting from subsection five of the same section the words " a true copy" and by inserting in lieu thereof the words " a n office copy";

(1)

(1) by omitting from section one hundred and six the words "with a certificate that such seal was affixed by the proper officer verified by his s ignature";

(m) by omitting from subsection (1A) of section one hundred and ten the words " the Registrar- General may compel him to receive a new certi- ficate of t i t l e" and by inserting in lieu thereof the words " o r where for any reason it appears to the Registrar-General desirable that a new certificate or new certificates of title should issue for the whole or any part of the land of which any person is registered as proprietor, the Registrar-General may of his own motion and at the expense of the registered proprietor issue a new certificate or certificates of t i t le".