Transfer of Land Act Amendment Act 1950 (WA)

19501 Transfer of Land. [No. 17.

TRANSFER OF LAND.

14° Geo. VI., No. XVII.

No. 17 of 1950.

AN ACT to amend the Transfer of Land Act, 1893- 1946, and, where necessary for the purpose of

reprinting, to revise certain of the Acts amend- ing the Transfer of Land Act, 1893 (Act 56Victoria No. 14).

[Assented to 29th November, 1950.]

BE it enacted by the King's Most Excellent of the Legislative Council and the Legislative Majesty, by and with the advice and consent

Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Transfer of Land Short title.

Act Amendment Act, 1950.

2.    This Act shall come into operation on a day =1ence-

to be fixed by proclamation.

Interpret

3. In this Act, unless the context requires other- tion.

wise

"amending Acts" means Acts 60 Victoria No.

22, 1896, 1 and 2 Edwardi VII No. 14, 1902, 2 Edwardi VII No. 10, 1902, and Acts Nos.

No. 17.] Transfer of Land. [1950.

20 of 1905, 25 and 54 of 1909, 26 of 1911, 32 of 1917, 30 of 1920, 5 of 1925, 14 and 42 of 1929, 38 of 1936, 23 of 1939, 28 of 1944 and 6 and 21 of 1946;

"principal Act" means the Transfer of Land Act, 1893-1946, being Act 56 Victori No. 14 as reprinted in The Statutes of Western Australia Volume III, 1893-1895, By Authority, 1896, and amended by the amending Acts.

Citation of

4.    The principal Act as amended by this Act may

principal Act

as amended

by this Act. be cited as the Transfer of Land Act, 1893-1950.

6.1 amended. 5. Section one of the principal Act is amended

by adding between lines thirteen and fourteen the

following heading:

Division 3A—Restrictive Covenants, s.s. 129A-129C

s.4 amended. 6. Section four of the principal Act is amended

by substituting for the words

(a)	"shall mean" wherever they occur, the word "means";
(b)	"shall include" wherever they occur, the word "includes";
(c)	"shall also include" wherever they occur, the words "also includes".

S. 6 amended. 7. Section six of the principal Act is amended

by

(a)	deleting the words "In case of illness or absence" in line one;
(b)	substituting the word "the" for the word "such" in line two;
(c)	adding after the word "absence" in line three, the words "of the officer".

a 16

amended.

8. Section sixteen of the principal Act is amended

by deleting all the words in lines three, four and five.

1950.j Transfer of Land. [No. 17.

9.    Section twenty of the principal Act is amended

by adding the following paragraph

(vii) A tenant for life within the meaning of the Settled Land Act, 1892, if the application contains a direction that the certificate of title issue in the names of the trustees of the settlement within the meaning of that Act, and the trustees consent to the appli- cation.

10.    The principal Act is amended by adding the a.20A added.

following section-

20A. In applications to bring land under the ==c1

Act the Commissioner may accept as evidence— %i "' a

statements and descriptions of facts, matters and parties in deeds, instru- ments, Acts of Parliament and statutory declarations, the date shown as that of the execution, signature, passing or making of which precedes that of the application by at least twenty years

and an applicant shall not be required to

negative,

except as to the knowledge, information

and belief of himself and his agents,

the existence of any unregistered conveyances or assurances affecting any part of the land the subject of the application.

11.   Section twenty-five of the principal Act is =Tided.

amended by deleting all words between the word "or" in line three and the word "in" firstly appear- ing in line seven.

12.    Section forty of the principal Act is amended amended.

by

(a)	deleting all words between the word, "pro- vided" in line three and the word, "there" in line five;
(b)	substituting for the words, "specified in the Last Schedule hereto", in lines six and seven, the word, "prescribed".

No. 17.] Transfer of Land. [1950.

s. 50

Section fifty of the principal Act is amended by deleting the second sentence commencing with the word "And" and concluding with the word "stated".

amended 13.

0. 53

amended. 14. Section fifty-three of the principal Act is

amended by

(a)	adding after the word, "instrument" in line one the words, "other than a transfer";
(b)	deleting the words in brackets in lines two and three, commencing with the word, "excepting" and concluding with the word "required".

S. 66A

added. 15. The principal Act is amended by adding the

following section-

No separate

certificate 66A. A separate certificate of title for an

for easement.	easement shall not be issued.
s. 88

amended. 16. Section sixty-eight of the principal Act is

amended by

(a)	substituting for the words, "and also where the possession is not adverse to the interest of any tenant of the land" in lines twenty- one, twenty-two and twenty-three the words, "and to any prior unregistered lease or agreement for lease or for letting for a term not exceeding five years to a tenant in actual possession";
(b)	adding after the word, "instrument" in line twenty-four the words, "but no option of purchase or renewal in any such lease or agreement shall be valid as against a subse- quent registered interest unless such lease or agreement is registered or protected by caveat".

as. 71A and

71B added. 17. The principal Act is amended by adding the

following sections-

Proprietor

may apply	71A. (1) The Registrar, upon application
for separate

certificate. being made in writing by a proprietor of land the subject of a certificate of title, may issue

1950.] Transfer of Land. [No. 17.

to the proprietor a separate certificate of title for part of the land, and shall endorse upon the certificate of title, from the subject of which part is taken, a memorandum partially can- celling the certificate.

(2) The Registrar shall retain the duplicate of the partially cancelled certificate of title and, when required by the proprietor, shall make out to the proprietor a certificate of title . for the land remaining the subject of the partially can- celled certificate of title.

71B. (1) The Registrar may, upon the foss ormernto ew

delivery to him of a duplicate Crown Grant or vgar.te

certificate of title, issue a new certificate of title

in the place of the existing Crown Grant or

certificate of title, which shall thereupon be

cancelled.

(2) Where the Registrar is of opinion that, reliesrtrtharto

because of the condition of dilapidation of a re:Miff:an

duplicate certificate of title or Crown Grant in etearkteataout

lodged with him for any purpose, it should be :ranee;

replaced by a new certificate of title, he may

(a)	require the proprietor of the land the subject of the certificate of title or Crown Grant to apply for a new certifi- cate of title;
(b)	retain the Crown Grant or certificate of title so dilapidated until the pro- prietor applies for a new certificate of title.

18. The principal Act is amended by adding the a. MA added'

following section-

74A. (1) Where any original grant or certifi- cate is lost, destroyed or so dilapidated or	Lost and
dilapidated
certificate
may be
obliterated as to become illegible, the Commis-	substituted
by copy.
sioner may cause another certificate to be pre- pared and to be endorsed with all such entries as were made upon the original, so far as the same can be ascertained from the records of

No. 17.] Transfer of Land. [1950.

the Office of Titles and inspection of the dupli- cate, and shall make and sign a memorandum upon the certificate so prepared, stating that it is a substituted certificate to be used in place of the original, and showing what has become of the original so far as is known or supposed, and on and after the date when the copy is so signed, it may be bound up in the register book and used in place of the original for the purpose of dealings and transmissions.

(2) The Commissioner may prepare the substituted certificate from the duplicate, or such other evidence as is available as to the contents of the original.

3. 80 repealed.	19. Section eighty of the principal Act is repealed.
0. 82 repealed.	20. Section eighty-two of the principal Act is

amended by

(a) adding after the section number, "82", the figure one in brackets thus—(1);

(b) adding the following subsection

(2) Where the consideration for a transfer is not a sum of money, the words "the sum of" in the forms of transfer contained in the Seventh Schedule shall not be used to describe the consideration but the true consideration shall be con- cisely stated.

s.87

amended. 21. Section eighty-seven of the principal Act is

amended by

(a)	adding after the word "may," in line two, the words "if he thinks fit,";
(b)	deleting all words after the word "land" in line twelve to the end of the section.

6. 88A added. 22. The principal Act is amended by adding the

following section-

Memorial of

easements	88A. A memorial of any transfer or lease creating an easement over or upon or affecting land under the operation of this Act shall be
to be
registered.

1950. ] Transfer of Land. [No. 17.

entered upon the folium of the register book constituted by the Grant or existing certificate of title of the land, in addition to any other entry which concerns the instrument and which is required by this Act.

23.    Section ninety-one of the principal Act is amended

amended by adding after the word, "registered" in line seven the words, "but the foregoing provisions of this section shall not prejudice the binding effect of a consent given by a mortgagee or annuitant to an unregistered lease or extension of lease for any term".

e. 102

24.

Section one hundred and two of the principal Act is amended by adding after the word "sublease" secondly occurring in line seven, the words "and on the lease". amended.

25.    Section one hundred and eight of the princi- amended.

pal Act is amended by substituting for all words after the word "fit" in line eight to the end of the section, the following words, "with power to vary any contract for sale and to buy in at any auction or to rescind any contract for sale, and to resell with- out being answerable for any loss occasioned thereby, with power to make such roads, streets and passages, and to grant and reserve such easements as the cir- cumstances of the case require and the mortgagee or annuitant thinks fit; and may make and sign such transfers and do such acts and things as shall be necessary for effectuating any such sale; and no purchaser shall be bound to see or inquire whether such default as aforesaid shall have been made or have happened or have continued, or whether such notice as aforesaid shall have been served or other- wise into the propriety or regularity of such sale."

26.    Section one hundred and nine of the prin- amended.

cipal Act is amended by substituting the word "Commonwealth" for the words "Post Office" in line twenty-two.

27.    Section one hundred and ten of the principal emended.

Act is amended by adding after the word "lease" in line ten, the words "or grant of easement".

No. 17.] Transfer of Land. [1950.

112 amended. 28. Sections one hundred and eleven and one

hundred and twelve of the principal Act are amended by adding after the section numbers, "111" and "112" respectively the words, "Subject to the provisions of section one hundred and twelve A of this Act".

S. /12A

added.	29. The principal Act is amended by adding the following section-fl--
Abolition of

power of	112A. On the eleventh day of December, one thereafter during the operation of the Distress for Rent Abolition Act, 1936, which came into operation on that day, the power to distrain conferred by the last two preceding sections is abolished.
distress.
Cf. . No. 38 of	thousand nine hundred and thirty-six, and
1936, S. 4.
S. 121

amended.	30. Section one hundred and twenty-one of the principal Act is amended by substituting for the words, "of sale" in line nine the words, "to pay".
A 125
amended.	31. Section one hundred and twenty-five of the principal Act is amended by substituting for the words, "as is mentioned in the last preceding sec- tion", in lines ten and eleven, the words "certificate of title when produced to him for that purpose".
s. 126
amended.	32. Section one hundred and twenty-six of the principal Act is amended by

(a)	adding after section number, "126", the figure one in brackets, thus—(1);
(b)	deleting the word, "Colonial" in line four;
(c)	adding after the word "Government" in line seventeen, the words "or Commonwealth".

s. 128A

added.	33. The principal Act is amended by adding the following section-
Puisne

mortgagee	128A. Where a mortgagee requires payment
may tender

payment.	of money which is secured by a mortgage and
Cf. Real
Property Act,	payment of which is due, any other mortgage
1886 (S.A.).
s. 131.	of the same land may tender and pay to the mortgagee requiring payment the money so

1950.] Transfer of Land. [No. 17.

payable, and the mortgagee making the pay- ment shall be entitled, at his own cost, to a transfer of the estate and interest of the mort- gagee requiring the payment.

34. The principal Act is amended by adding after Divist?

section one hundred and twenty-nine the following rar

heading and sections— added.

Division IIIA.—Restrictive Covenants.

129A. (1) Restrictive covenants may be g=ieii,;,

created and made binding in respect of land rceoSvtgen.

under this Act so far as the law permits by in- ITegirsatrirlon

struments in the prescribed form, but no such Mon 40.

covenant affecting land subject to a mortgage or charge shall be registered unless the mort- gagee or annuitant has consented in writing thereto prior to the same being registered.

(2) Upon the registration of any instrument creating a restrictive covenant it shall not be obligatory on the Registrar to make any entry relating thereto on the certificate of title of any person entitled to the benefit thereof.

Discharge of

129B. (1) Notwithstanding anything con- tained in this Act to the contrary any covenant	restrictive
covenants.
or agreement affecting or restricting the use of land may be discharged or modified by agree- ment by all persons interested in the land affected by such covenant or agreement con- senting to such discharge or modification.
(2) The Commissioner shall, when satisfied that all parties interested as aforesaid have agreed to the discharge or modification of any covenant entered in the register book direct the Registrar to enter a memorandum of such dis- charge or modification in the register book.

129C.

(1) Where land under this Act is sub- ject to any restriction arising under covenant or otherwise as to the user thereof or the right of building thereon, the court or a Judge may from time to time on the application of any person

No. 17.] Transfer of Land. [1950.

interested in the land by order wholly or par- tially discharge or modify the restriction upon being satisfied

(a)	that by reason of changes in the character of the property or the neigh- bourhood or other circumstances of the case which the court or a Judge may deem material the restriction ought to be deemed to have been abandoned or to be obsolete or that the continued existence thereof would impede the reasonable user of the land without securing practical benefits to other persons or (as the case may be) would unless modified so impede such user; or
(b)	that the persons of full age and capa- city for the time being or from time to time entitled to the benefit of the re- striction whether in respect of estates in fee simple or any lesser estates or interests in the land to which the bene- fit of the restriction is annexed have agreed to the same being discharged or modified or by their acts or omis- sions may reasonably be considered to have waived the benefit of the restric- tion wholly or in part; or
(c)	that the proposed discharge or modifi- cation will not substantially injure the persons entitled to the benefit of the restriction.

(2) When any proceedings by suit or other- wise are instituted to enforce a restrictive cov- enant affecting land under this Act any person against whom the proceedings are instituted may in such proceedings apply to the court or a Judge for an order under this section.

(3) The court or a Judge may on the applica- tion of any person interested make an order declaring

(a) whether or not in any particular case any land under this Act is affected by a restriction imposed by any instru- ment; or

1950.] Transfer of Land. [No. 17.

(b)	what upon the true construction of any instrument purporting to impose a re- striction is the nature and extent of the restriction and whether the same is enforceable and if so by whom; or
(c)	whether or not any restrictive covenant ought to be removed as an encum- brance from the register.

(4) Notice of any application under this sec- tion shall, if the court or a Judge so directs, be given to the council of the municipality or the board of the road district in which the land is situated and to such other persons and in such manner whether by advertisement or otherwise as the court or a Judge either gener- ally or in a particular instance 'may order.

(5) An order under this section shall when registered as hereinafter provided be binding on all persons whether of full age or capacity or not then interested or thereafter becoming interested in enforcing any restriction which is thereby discharged modified or dealt with and whether such persons are parties to the pro- ceedings or have been served with notice or not.

(6) This section applies to restrictions whether subsisting at the commencement of this section or imposed thereafter.

(7) The Registrar shall on the prescribed ap- plication make all necessary amendments and entries in the register book for giving effect to such order in respect of all certificates of title specified therein.

(8) The costs of and incidental to an applica- tion made pursuant to the provisions of this section to the court or a Judge shall not be awarded against the defendant or respondent in any event.

I. 131

35. Section one hundred and thirty-one of the principal Act is amended by substituting th e words "statement of claim" for the word "declaration" in line three. amended

No. 17.] Transfer of Land. [1950.

s. 132

repealed.	36. Section one hundred and thirty-two of the principal Act is repealed.
s. 134
amended.	37. Section one hundred and thirty-four of the principal Act is amended by

(a)	adding after the word, "transfer" in line two the words, "or other instrument";
(b)	by adding after the word, "from" in line two the words, "a person who is or be- comes";
(c)	adding after the word, "was" in line six the words, "or becomes";
(d)	adding after the word, "registered" in line six the words, "or required or in any manner concerned to enquire or ascertain the cir- cumstances under or the consideration for which any mortgage or other encumbrance was or is discharged or removed from the register book at any time prior to or simul- taneously with the registration of such transfer or other instrument".

s. 137

amended

38. Section one hundred and thirty-seven of the

principal Act is amended by substituting the word

"State" for the word "colony" in line twenty-seven.

6.138

amended.

39. Section one hundred and thirty-eight of the principal Act is amended by

(a)	adding after the word, "lapsed" in line fifteen the words, "as to the land affected by the transfer or other dealing";
(b)	adding after the word, "dealing" in line seventeen the words, "unless in the mean- time such application is withdrawn";
(c)	adding after the word, "interest" in line eighteen the words, "except subject to the state of the register book at the time of the renewal of such caveat",

1950. J Transfer of Land. [No. 17.

40. Section one hundred and thirty-nine of the 'Lilted.

principal Act is amended by

(a)	adding after the section number, "139", the figure one in brackets, thus:—(1), and the words, "Subject to the provisions of the next succeeding subsection";
(b)	deleting the last sentence commencing with the words, "The consent" and ending with the word "caveat";

(c) adding the following subsection:

(2) Where an instrument is presented for registration and a caveat is lodged after the time of the presentation of the instrument, the caveat shall not have the effect of preventing registration of the instrument but the caveat shall take effect as if lodged after registration of the instrument.

41. The principal Act is amended by adding the s. 141A added.

following section:—

141A. (1) Where it appears to the Commis-=1Wgre

sioner that the estate or interest claimed by any ip=stte d

caveator has ceased to exist, he may, either of itre,73red

his own motion or on the application of any

person claiming any interest in the land, send

by registered post notice to the caveator at the

address set out in such caveat requiring him.

within fourteen days from the date of such

notice to withdraw such caveat or within such

time to commence proceedings in Court to sub-

stantiate his claim, and in the event of the

caveator failing to comply with the require-

ments of such notice within the time therein

limited the Commissioner may direct the Regis-

trar to remove such caveat from the register

book and forward notice of such removal to the

caveator.

(2) In any proceedings by a caveator to sub- stantiate his claim under this section, he shall, unless otherwise ordered by the Court or a Judge, join as parties the Registrar of Titles, the registered proprietor and any other person or persons affected by the existence of such caveat.

No. 17.] Transfer of Land. [1950.

8.143

amended. 42. Section one hundred and forty-three of the

principal Act is amended by

(a)	adding after the section number, "143," the figure one in brackets, thus:—(1), and the words, "Subject to the provisions of this section";
(b)	substituting for the words, "or a duplicate or attested copy thereof shall" in lines five and six, the word, "may";
(c)	adding after the word, "filed" in line six the words, "by lodging the original instru- ment of power of attorney, a duplicate, an office copy referred to in the Powers of Attorney Act, 1896, or a copy certified by the Registrar of Companies under his hand and seal to be a true copy of a power of attorney recorded pursuant to the pro- visions of the Companies Act, 1943-1949";

(d) adding the following subsections

(2) Where a power of attorney is filed within a period of three months from the day shown as that on which it was exe- cuted, the Registrar may presume that it is in force at the time of filing, unless a revocation has been previously re- gistered.

(3) The provisions of the last preceding subsection shall not be construed so as to affect the force of a power of attorney filed at any time after the lapse of the period of three months referred to in the last preceding subsection.

(4) Nothing contained in this section or in the Powers of Attorney Act, 1896, shall preclude the Registrar from requir- ing evidence to his satisfaction that a power of attorney is not revoked.

e.144

amended. 43. Section one hundred and forty-four of the principal Act is amended by deleting the words, "or the same or a duplicate or attested copy shall have been filed and noted" in lines five and six.

1950.] Transfer of Land. [No. 17.

44. Section one hundred and forty-five of the amended.

principal Act is amended by adding after the word "witness" in line three, the words "other than a party to the instrument or power of attorney."

45. Section one hundred and fifty-six of the sanded.

principal Act is amended by

(a)	substituting for the word, "seventy-two" in line four, the word, "sixty-six";
(b)	substituting for the words, "surveyor licensed under this Act" in line ten, the words, "licensed surveyor lawfully entitled to practise under this Act".

8.181

46. Section one hundred and eighty-one of the amended.

principal Act is amended by adding after the word, "title" in line three, the words, "and regulations prescribing the medium, in which documents pre- sented for registration or lodgment shall be written and executed and the kind and size of paper or other medium on which they shall be written and pre- scribing the fees which may be charged by the Registrar and prescribing contributions to the As- surance Fund payable on the registration of any instrument".

8.182

47. Section one hundred and eighty-two of the principal Act is amended by amended

(a) adding after the section number, "182", the figure one in brackets, thus—(1);

(b) adding the following subsection

(2) The provisions of this section apply to any estate or interest in land which stands registered in the name of any deceased person who was at the time of his death a trustee thereof.

8. 184

48. Section one hundred and eighty-four of the principal Act is amended by amended

(a) substituting for the words, "the rights of an official assignee or trustee in bankruptcy or of an execution creditor" in lines two and three, the words, "any right or interest";

No. 17.] Transfer of Land. [1950.

(b) substituting for the word, "affect" in line five, the word, "affects".

s. 185

amended.

49. Section one hundred and eighty-five of the

principal Act is amended by

(a)	adding after the word, "of" in line two, the words, "fieri facias or warrant of";
(b)	adding after the word "writ" occurring firstly in line six, and secondly in line seven, the words "or warrant".

Repeal and

re-enactment 50. Section one hundred and eighty-seven of the

of s. 187.

principal Act is repealed and substituted by the fol-

lowing section:-

Entry to

be made in

register	187. (1) Upon the receipt of an office copy of
book of

appointment	the probate of any will, or of any letters of
of executor,
or adminis-	administration, or of an order to administer
Public
trator or	granted to the Public Trustee, or an election to
Trustee.	administer filed by the Public Trustee whereby it shall appear that any person has been ap- pointed the executor or administrator of the estate of any deceased person, or that the Public Trustee has been empowered to administer, or has elected to administer any such estate, the Registrar shall, on an application in writing of the executor, administrator, or Public Trustee (as the case may be) to be registered as pro- prietor in respect of any land, or of any estate, right, title, or interest therein, enter in the Register Book, and on the duplicate instrument (if any) when produced for any purpose, a memorandum notifying the appointment of such legal personal representative and the day of the death of the proprietor, when the same can be ascertained, and upon such entry being made, such legal personal representative shall become the transferee and be deemed to be the proprietor of the estate or interest of the de- ceased proprietor in such land, estate, right, title, or interest, or of such part thereof as then remains unadministered, and shall hold the same subject to the equities upon which the

1950.1 Transfer of Land. [No. 17.

deceased held the same; but for the purposes of any dealings therewith, such legal personal representative shall be deemed to be the abso- lute proprietor thereof.

(2) The title of every legal personal repre- sentative becoming a transferee under this section shall, upon such entry being made, relate back to and be deemed to have arisen upon the death of the proprietor of any land, or of any estate, right, title, or interest therein, as if there had been no interval of time be- tween such death and entry.

(3) If in any case probate or administration is granted to more persons than one, all of them for the time being shall join and concur in every dealing relating to the land, or to the estate, right, title, or interest therein.

51. Section one hundred and ninety of the prin- :owed

cipal Act is amended by deleting the word

"Colonial" in line three.

52. Section one hundred and ninety-one of the principal Act is repealed and substituted by the	8. 191
repealed and
re-enacted
following:-

191. The Registrar may demand the fees prescribed.

53. Section one hundred and ninety-four of the principal Act is amended by	s. 194
amended

(a)	deleting the word "Colonial" in line three;
(b)	adding after the word "Government" in line seven the words "or Commonwealth",

54. Section one hundred and ninety-five of the principal Act is amended by deleting the word "Colonial" occurring firstly in line eight, and secondly in line sixteen.	8. 195
amended

No. 17.] Transfer of Land. [1950.

6. 199

amended. 55. Section one hundred and ninety-nine of the principal Act is amended by adding after the sec- tion number, "199", the words, "Subject to the pro- visions of section sixty-eight of this Act".

s 203

amended. 56. Section two hundred and three of the prin-

cipal Act is amended by adding after the word "Court" appearing firstly in line fourteen, secondly, in line twenty, thirdly in line twenty-one and fourthly in line twenty-six the words "or a Judge".

s. 204

amended. 57. Section two hundred and four of the prin- cipal Act is amended by

(a)	adding after the word "Court" in line two, the words "or Judge";
(b)	substituting for the word "it" in line four, the words "the Court or Judge".

6. 209

amended.	58. Section two hundred and nine of the prin- cipal Act is amended by adding after the word, "if" in line five, the word, "in".
s. 211
amended.	59. Section two hundred and eleven of the prin- cipal Act is amended by

(a)	deleting the word "coverture" in line nine;
(b)	adding after the word "infancy" in line nine, the word "or";
(c)	deleting the words "or absence from West- ern Australia" in lines nine and ten.

s. 214

amended 60. Section two hundred and fourteen of the principal Act is amended by adding after the word "registered" in line twenty-two, the words "that person commits an offence against this Act; and".

1950.1 61. The principal Act is amended by adding the 24314A Transfer of Land. [No. 17.

following section:— added.

214A. A person who wilfully neglects to

Failure to

lodge dupli-

lodge with the Registrar a duplicate certificate	cate certifi-cate of title
of title or Crown lease when required	Lease. or Crown
to do so, pursuant to the provisions of this Act,	Cf. ss. 75
commits an offence against this Act.	(2); 2293 (2);

62. The principal Act is amended by adding the s. 214B added

following section:-

214B. A person who commits an offence Penalty.

against this Act is liable to a maximum pecu- niary penalty of one hundred pounds (£100) or a maximum term of imprisonment for twelve months, or both.

63.    Sections two hundred and fifteen, two 2-72,1,t,218

hundred and sixteen, two hundred and seventeen repealed.

and two hundred and eighteen of the principal Act

are repealed.

64.   The principal Act is amended by adding the s. 223A added

following section:-

223A. A person claiming an estate or =

interest in the land in respect of which any such application

application is made, may before the granting

thereof, lodge a caveat with the Registrar for-

bidding the granting of such application. Such

caveat shall in all other respects be in the

same form and shall have the same effect with

respect to the application against which it is

lodged, and be subject to the same conditions

as an ordinary caveat against bringing land

under the operation of this Act.

65.    The principal Act is amended by adding the rau9avandd

following sections:—

229A. (1) A proprietor of land may apply lelelliveVt1

to the Commissioner for the removal from the 1gt

certificate of title of any easement notified bran"

thereon.

No. 17.] Transfer of Land. [1950.

(2) If the Commissioner is satisfied that the easement

(a) has not been used or enjoyed for a period of not less than twenty years; and

(b) has been abandoned;

he may make an order directing the removal of the entry or statement of the easement, and thereupon the easement shall be deemed to have been abandoned and extinguished.

(3) An order shall not be made until the expiration of twenty-one days after notice of the application has been given by the Regis- trar to every person appearing by the Register Book to have any estate or interest in the land to which the easement is appurtenant, and also to any other person named by the Com- missioner.

(4) The notice shall be in writing and dated

and shall include or contain a plan showing

the extent to which such easement is affected.

(5) The notice may be served by being sent

in a registered letter to each person, to be

served at his address appearing in the Register

Book, or in the case of any person named by

the Commissioner at the address supplied by

the applicant for that purpose.

(6) The Registrar shall cause a copy of each notice to be filed with a memorandum of the same having been sent, and the memorandum shall be sufficient evidence that the notice was duly sent.

Cancellation

of easement

entered on	229B. (1) If an order is made under the
certificate

affected. last preceding section of this Act and affects the right, estate, or interest of the registered proprietor of land included in any certificate of title in respect of any registered easement appearing thereon, the Registrar shall cancel the entry of such easement to the extent to which it has been determined or extinguished upon the original of such certificate, and

1950.] Transfer of Land. [No. 17.

also upon the duplicate certificate when brought to him for that purpose, or when the same is lodged in the Office of Titles for the purpose of any dealing with the land comprised therein.

(2)

The Registrar may call in such dupli- cate certificate for the purpose of such cancel- lation and may detain the duplicate until such cancellation is effected and refuse to register any dealing with the land or any estate or interest therein until the duplicate has been brought in or lodged.

(3)

For the purposes of this section the right, estate, or interest of a registered pro- prietor of land shall be deemed to be affected by an order relating to an easement, whether the land was as regards such easement in the position of a dominant or servient tenement.

66.    Section two hundred and thirty of the prin- r epea led and

cipal Act is repealed and substituted by the follow- re-enacted.

ing section:-

under this Act, if it shall be proved to the satis- emaaseynant 230. Upon an application to bring land nAtbeanYCIT.

faction of the Commissioner that any easement ixesred

twenty

formerly affecting such land— years'

(a)

has not been used or enjoyed for a 1‘; c°157seerss5e1 °11

period of not less than twenty years;

and

(b) has been abandoned;

the Commissioner may, notwithstanding sec- tion sixty-nine of this Act, at his discretion issue a certificate of title for such land without notifying such easement as an encumbrance, and thereafter the same shall not be preserved by section sixty-eight of this Act.

67.    Section two hundred and thirty-nine of the =du/.

principal Act is amended by adding after the word, "caveat" in line eight the words, "power of attorney".

No. 17.] Transfer of Land. [1950.

s. 240

repealed	68. Section two hundred and forty of the prin-
and re-

enacted.

cipal Act is repealed and substituted by the follow-

ing section:-

Service of

notices.	240. (1) Any notice by this Act required to, be served or given to any person may be served or given by being sent in a registered letter posted to that person at his address for service.
(2) The address of any person as entered in the Register Book shall until amended or altered be his address for service.
(3) The address or place within the city of Perth appointed in a caveat as the place at which notices relating to the caveat may be served shall be the address for service of the caveator within this section.
(4) The Registrar shall cause a copy of each notice so sent to be filed with a memorandum of the same having been sent and the memo- randum shall be sufficient proof that the notice was duly sent.
(5) The Registrar shall on request in writ- ing made by any person whose address is entered in the Register Book and on produc- tion of the duplicate certificate of title or Crown grant or instrument and on payment of the prescribed fee amend or alter the address.
(6) The Registrar shall on request in writ- ing by a caveator and on payment of the pre- scribed fee amend or alter the address appoint- ed in the caveat at which notices may be served and the additional address (if any) given by the caveator.
(7) When a notice is sent in a registered letter posted to any person at his address for service and the letter is returned by the post office the Registrar may if in the circum- stances and having regard to the provisions of this Act he thinks fit

(a) direct any further notice to be given; or

(b) direct substituted service; or

1950. ] Transfer of Land. [No. 17.

(c) proceed without notice.

(8) This section applies notwithstanding any other provisions in this Act relating to service of notices.

69.    Section two hundred and forty-one of the repealed.

principal Act is repealed.

70.    The principal Act is amended by adding the s.242 added

following section:-

242. (1) (a) Where by the operation of any Fifeognissrri irttil io

statute or statutory or other power or by virtue register.

of any vesting order of any court or Judge or an order appointing a person to convey or of a vesting declaration appointment or other assurance an interest in land under this Act being an interest capable of being registered is disposed of or created the registered proprietor shall subject to proper provision being made for payment of costs, be bound to give effect to the disposition.

If the registered proprietor is unable or refuses to make the requisite transfer or other disposition under this Act or cannot be found or if for any other reason a transfer or other disposition by him under this Act cannot be obtained within a reasonable time then the Registrar upon the direction of the Commis- sioner may give effect thereto in the Register Book by making an entry therein containing such particulars relating to such disposition as he may consider necessary.

(b)

The disposition shall take effect in like manner as nearly as may be as if it had been made by the registered proprietor by transfer or other registered disposition:

(c)

Provided that nothing in this subsection shall prejudicially affect the rights of a per- sonal representative in relation to the estate of the deceased.

No. 17.] Transfer of Land. [1950.

(2) This section shall apply whether the dis- position to which the registered proprietor is bound to give effect subject as aforesaid is made before or after the commencement of this Act.

This section shall not apply in those cases in which other provision has been made for giving effect in the Register Book to any disposition.

(3)

(4) In this section, except where a contrary intention appears

"disposition" includes a disclaimer sur-

render or release; and

"registered disposition" means a disposi- tion which takes effect under the powers conferred by this Act on the registered proprietor of land by way of transfer, lease, mortgage or charge or otherwise.

Second 71.

The Second Schedule to the principal Act is amended by substituting for the last paragraph relating to persons authorised to attest the signa- ture of the applicant, the following words:

Schedule

amended.

(The applicant if within the State to sign before the Registrar or an Assistant Registrar or a notary public, justice of the peace, com- missioner for taking affidavits in the Supreme Court of Western Australia or legal practi- tioner; if out of the State, before a notary pub- lic, justice of the peace, or a commissioner for taking affidavits in the Supreme Court of Western Australia).

Fourth

schedule 72.

The Fourth Schedule to the principal Act is amended by substituting for the last paragraph re- lating to persons authorised to attest the signature of the applicant, the following words:

amended.

(The applicant if within the State to sign before the Registrar or an Assistant Registrar or a notary public, justice of the peace, com- missioner for taking affidavits in the Supreme

1950. ] Transfer of Land. [No. 17.

Court of Western Australia or legal practi- tioner; if out of the State, before a notary pub- lic, justice of the peace, or a commissioner for taking affidavits in the Supreme Court of Western Australia).

Seventeenth

73. The Seventeenth Schedule to the principal Act is repealed and substituted by the following	Schedulerepealed and
substituted.
schedule:—

SEVENTEENTH SCHEDULE.

Western Australia.

FORM OF TRANSFER OF LAND UNDER WRIT OF grat=33.

FIERI FACIAS OR WARRANT OF EXECUTION.

I (insert name) as the (Sheriff of)

(or Magistrate of the Local Court held at)

in pursuance of a writ of fieri facias tested the day

of one thousand nine hundred and

and issued out of the Supreme Court (or warrant of execu- tion dated the day of one thousand

nine hundred and and issued out of the Local

Court) in an action wherein (A.B.) is the plaintiff

and (C.D.) is the defendant, and (C.D.)

is registered as the proprietor of an estate (here state nature of the estate) in the land hereinafter described subject to the encumbrances notified hereunder and to effectuate the sale made under the writ (or warrant) do hereby in con- sideration of the sum of paid to me by (E.F.)

(insert addition) transfer to (E.F.)

all the estate and interest of (C.D.) in all that

(if the land transferred be part only of the land comprised in the grant or existing certificate, set forth in links or links and feet the boundaries and refer to a map).

Dated the day of one thousand nine

hundred and

Signed by the said

(Sheriff or Magistrate) in the

presence of

Signed by the said

(E.F.) in the presence of

Encumbrances referred to.

No. 17.]	Transfer of Land.	[1950.
Western Australia.

FORM OF TRANSFER OF LEASE, MORTGAGE, OR

CHARGE UNDER WRIT OF FIERI FACIAS OR

WARRANT OF EXECUTION.

I (insert name) as the (Sheriff of)

(or Magistrate of the Local Court held at)

in pursuance of a writ of fieri facias tested the day

of one thousand nine hundred and

and issued out of the Supreme Court (or warrant of execu- tion dated the day of one thousand

nine hundred and and issued out of the Local

Court) in an action wherein (A.B.) is the plaintiff

and (C.D.) is the defendant and (C.D.)

is registered as the proprietor of a lease of (or mortgage or charge, as the case may be), numbered , upon the land hereinafter described subject to the encumbrances notified hereunder and to effectuate the sale made under the writ (or warrant) do hereby in consideration of the sum of

paid to me by (E.F.) (insert addition)

transfer to (E.F.) all the estate and interest of

(C.D.) as such registered proprietor in all that

(or otherwise according to the description in the lease, mortgage, or charge, or describe the land in general terms by reference to the registered instrument).

Dated the day of one thousand nine

hundred and

Signed by the said

(Sheriff or Magistrate) in the

presence of

Signed by the said

(E.F.) in the presence of

Encumbrances referred to.

Western Australia.

FORM OF TRANSFER OF LAND UNDER DECREE

OR ORDER OF SUPREME COURT.

I (insert name) in pursuance of a decree or

order of the Supreme Court dated the day of

one thousand nine hundred and and

entered in the register book vol fol hereby

transfer to (E.F.) (insert addition) subject to the encumbrances notified hereunder all the estate and interest of (who is registered as the proprietor of an estate (here state nature of the estate)

1950.] Transfer of Land. [No. 17.

in the land hereinafter described) in all that

(if the land transferred be part only of the land comprised

in the grant or existing certificates set forth in links or

links and feet the boundaries and refer to a map).

Dated the day of • one thousand nine

hundred and

Signed by the said

in the presence of

Signed by the said

(E.F.) in the presence of

Encumbrances referred to.

Western Australia.

FORM OF TRANSFER OF LEASE, MORTGAGE, OR

CHARGE UNDER DECREE OR ORDER OF

SUPREME COURT.

I (insert name) in pursuance of a decree or

order of the Supreme Court dated the day of

one thousand nine hundred and and

entered in the register book vol fol hereby

transfer to (E.F.) (insert addition) subject to the encumbrances notified hereunder all the estate and interest of (who is registered as the proprietor of a lease of (or mortgage or charge, as the case may be), numbered , upon the land hereinafter described) in all that (or otherwise according to the descrip- tion in the lease, mortgage, or charge or describe the land in general terms by reference to the registered instrument).

Dated the day of one thousand nine

hundred and

Signed by the said

in the presence of

Signed by the said

(E.F.) in the presence of

Encumbrances referred to.

74.	The last Schedule to the principal Act is	Repeal of
last schedule.

repealed.

Revision of

(1) By way of revision, for the purpose of re- printing, the provisions of the amending Acts are

certain of

the pro-visions of

the amend-

amended to the extent specified in the Schedule to

ing Acts.

this Act.

(2) The provisions of the last preceding sub-

section shall not be construed so as to affect the

provisions of the Amendments Incorporation Act,

75.

No. 17.]	Transfer of Land.	[1950.
SCHEDULE

S.74.

No. of Act. Short title. Item. Amendment.

60 Viet. No. Transfer of Land Act, 1. Add after the section number, The said Act is amended by adding as section two hundred and forty-three the f ollow- ing :—

22.	1893, Amendment	"6" the following:
Act, 1896.

2 Edw., VII Transfer of Land Act 2. Add after the section number, The principal Act is amended by adding as section one hundred and fifty-three A the following:—

No. 10.	Amendment A c t,	"7" the following:
1902.

3. Substitute for the words "this Act" in line two of section seven, the words "the Trans- fer of Land Act Amendment Act, 1902."

4. Add after the section number,

"8" the following:

The principal Act is amended

by adding as section one

hundred and sixty-seven A the

f ollowing:—

5. Substitute for the words "the Principal" in line three of sec- tion eight the word "this."

No. 54 of Transfer of Land Act 6. Add as section one A the fol- The principal Act is amended by adding between lines eight and nine of section one the following heading:

1909.	Amendment A c t,	lowing:—
1909.

Part IIIA.—Crown Leases,

ss. 81A-81I.

7. Add as section two A the fol-

lowing:—

The principal Act is amended

by adding after section eighty-

one the following heading:—

Part IIIA.

Crown Leases.

8. Add after the section number, "3" the following:

The principal Act is amended by adding as section eighty- one A the following:-

9. Substitute for the words "this Act" in line two of subsection (1) of section three the words "the Transfer of Land Act Amendment Act, 1909."

1950. ] Transfer of Land. [No. 17.

SCHEDULE—continued.

No. of Act. Short title. Item. Amendment.

10. Substitute for the words "the principal" in line four of sub- section (1) of section three the word "this."

11.

Add after the section number,

"4" the following:

The principal Act is amended by adding as section eighty- one B the following:-

12. Substitute for the words "this Act in lines one and two of subsection (1) of section four the words "the Transfer of Land Act Amendment Act, 1909."

13. Substitute for the words "the principal" in line three of sub- section (1) of section four the word "this."

14. Add before the word "Sche- dule" in line three of subsec- tion (1) of section four the words "Twenty-Eighth."

15. Substitute for the words "the principal" in line three of paragraph (b) of subsection (5) of section four, the word "this."

16.

Add after the section number,

"5" the following:

The principal Act is amended by adding as section eighty- one C the following:-

17. Substitute for the words "the principal" in line five of sec- tion five the word "this."

18. Substitute for the words "this Act" in line eight of section five the words "the Transfer of Land Act Amendment Act, 1909."

19.

Add after the section number,

"6" the following:

The principal Act is amended by adding as section eighty- one D the following:-

20. Delete the words "or the prin- cipal Act" in line one of sub- section (2) of section six.

21. Add after the section number, "7" the following:

The principal Act is amended by adding as section eighty- one E the following:-

22. Add after the section number, "8" the following:—

No. 17.] Transfer of Land. [1950.

SCHEDULE—continued.

No. of Act. Short title. Item. Amendment.

The principal Act is amended by adding as section eighty- one F the following:-

23. Add after the section number,

"9" the following:

The principal Act is amended

by adding as section eighty-

one G the following:-

24. Substitute for the word "re- newed" in line two of subsec- tion (3) of section nine the word, "reviewed."

25. Add after the section number, "10" the following:

The principal Act is amended by adding as section eighty- one H the following:—

26. Substitute for the words "the principal" in line two of sub- section (1) of section ten the word "this."

27. Substitute for the word "eight" in line eight of subsection (2) of section ten the word "eighty-one F."

28. Add after the section number,

"15" the following:

The principal Act is amended

by adding as subsection (1) of

section sixty-three A the fol-

lowing:—

29. Delete the words between the word "easement" in line three and the word "or" in line four of section fifteen.

30. Add after the section number, "16" the following:

The principal Act is amended by adding as subsection (2) of section sixty-three A the fol- lowing:—

31.

Substitute for section seven-

teen the following:-

17. Section one hundred and ninety-six of the principal Act is amended by substitut- ing for the words "the breach by a proprietor of any trust. whether express, implied or constructive; nor" in lines three and four, the words "any breach by a registered pro- prietor of any trust, whether express or implied - or con- structive, or by the improper exercise of any power of sale expressed or implied in any

1950. ] Transfer of Land. [No. 17.

SCHEDULE—continued.

No. of Act. Short title. Item. Amendment.

mortgage or encumbrance: or to any person claiming under an unregistered instrument, document or writing, or any equitable mortgage or charge by deposit or otherwise with- out writing, or any other in- terest not protected by caveat, by or in consequence of the issue to any registered pro- prietor of a new certificate of title pursuant to section seventy-five of this Act."

32. Section eighteen is repealed.

33. Add the following sections:-

19. The principal Act is amended by adding the fol- lowing Schedule:-

Twenty-Eighth Schedule. Application to register a Crown Lease under the Transfer of Land Act,

1893.

To the Registrar of Titles

I (insert name, address, and occupation) hereby apply to have the land hereinafter described brought under the operation of the Transfer of Land Act, 1893. And I de- clare:—

That I am the lessee (or mortgagee or as the case may be) of a Crown lease of all that.

1.

That there are no docu- ments or evidences of title affecting such land in my pos- session or under my control other than those included in the Schedule hereto.

2.

That I am not aware of any mortgage or encumbrance or sublease affecting the said land or that any other person has any estate or interest therein at law or in equity (if there are any add other than as follows and set the same forth).

3.

Dated this day of .

one thousand nine hundred

and

Made and subscribed at

in the presence of-

No. 17.] Transfer of Land. [1950.

SCHEDULE—continued.

No. of Act. Short title. Item. Amendment.

(The applicant if within the State to sign before the Regis- trar or an Assistant Registrar or a notary public, justice of the peace, commissioner for taking affidavits in the Su- preme Court of Western Aus- tralia or legal practitioner; if out of the State, before a notary public, justice of the peace, or a commissioner for taking affidavits in the Su- preme Court of Western Aus- tralia).

Schedule of Documents

referred to.

20. The Schedule is re-

pealed.

34.    Add after the section number,

No. 26 of Transfer of Land Act

"2" the following:

1911.               Amendment A c t,

1911. The principal Act is amended by adding as section eighty- one I the following:-

35.    Substitute for the words "this Act" appearing firstly in lines two and three and secondly in line six of subsection (1) of section two, the words "the Transfer of Land Act Amend- ment Act, 1911".

36. Section three is repealed.

37.    Substitute for subsection (2) of

No. 14 of Transfer of Land Act

section two the following:

1929.               Amendment A c t,

1929. (2) This section as amended by the Transfer of Land Act Amendment Act, 1929, applies to transfers received by the Registrar before or after the commencement of that Act.

38. Substitute for the words "this section substituted for section one hundred and forty-five of the Transfer of Land Act, 1893, by section two, the words, "the Transfer of Land Act Amendment Act, 1929 (No. 2)."

No. 42 of Transfer of Land Act

1929.	Amendment A c t,	Act" in the last line of the
1929 (No. 2).

39. Section three is repealed.

No. 28 of Transfer of Land Act 40. Repeal subsection (3) of the

1944.	Amendment A c t,	section substituted for section
1944.	seventy-five of the principal Act by section two.

1950. ] Transfer of Land. [No. 17.

SCHEDULE—continued.

No. of Act. Short title. Item. Amendment.

41. Section three is repealed.

No. 6 of 1946. Transfer of Land Act 42. Add to section two after the (aa) by adding after the section number, "126" the figure one in brackets thus—(1).

Amendment A c t,	word, "amended" in line two
1946.	the following paragraph:—