Section 38 — (Repealed) — Real Property Act 1900 (New South Wales) — Barrister AI

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Section 38 — (Repealed) — Real Property Act 1900 (New South Wales) — Barrister AI

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s 1Name of Act s 2Repeal of Acts s 3Definitions s 3AApplication of Act to electronic form plans and other documents s 3BPrescribed fees s 3CPayment of fees s 3DGiving of notice in approved way s 4Administration of Act s 4ARegistrar-General—delegation and seal of office s 4BDeputy Registrars-General s 11Minister’s directions s 12Powers of Registrar-General s 12APower of Registrar-General to serve notice of proposed action s 12AANotice to produce electronic form plans and other documents s 12BMortgagee or mortgagor may be recorded as registered proprietor s 12CRecording of native title in Register s 12DRegistrar-General’s Guidelines s 12EConveyancing rules s 12FLodgment rules s 13Application of this Part s 13ABringing of purchases etc of Crown land under Act s 13BBringing of perpetual leases of Crown land under Act s 13CLodgment of instruments of lease for cancellation s 13DBringing of other Crown land under Act s 13EDeath of person before creation of folio s 13FTreatment of instruments not in approved form s 13GRecordings in Register s 13HLand that becomes Crown land s 13IRevocation of reserves s 13JEstate in land where the State is recorded as proprietor s 13KConversions, purchases, extensions of term, subdivisions etc s 13KATreatment of instruments affecting land dealt with under section 13K s 13LExecution of instruments in respect of land to which this Part applies s 13MRegistration of instruments executed before creation of folio s 13NRestriction on creation of folios s 14Application to bring land under the Act s 14AConsolidation with adjoining land in certain cases s 15Supreme Court may order production of deeds for purposes of application s 16(Repealed)s 17Creation of folio for land that is the subject of a primary application s 23Withdrawal of primary application s 23AInstruments of title, how to be dealt with s 28ADefinitions s 28BQualified folio may be created on primary application s 28CQualified folio may be created on subdivision s 28DQualified folio may be based on registered deed s 28EQualified folio may be created upon investigation by Registrar-General s 28EAOrdinary folio may be created in certain cases s 28FQualified title for holders of aquaculture leases s 28GRestriction on creation of qualified folio s 28GACreation of qualified or ordinary folio to be indexed s 28HRecording on qualified folio of registered deeds executed before creation s 28ISubsisting interests to be entered on qualified folio s 28JCautions s 28KAdditional subsisting interests may be notified s 28LDuties of registered proprietor dealing with land in qualified folio s 28MLapsing of caution on qualified folio created after registered deed for value (section 28J (1))s 28MALapsing of caution on qualified folio created after registered deed other than for value (section 28J (1A))s 28MBEffect of lapsing of caution under section 28M or 28MA s 28MCApplication for cancellation of caution accompanied by search s 28MDApplication for cancellation of lapsed caution s 28MEApplication for cancellation of caution on qualified folio created on possessory title (section 28J (1B))s 28MFRegistrar-General may cancel lapsed caution s 28MGCancellation of caution in certain cases does not defeat certain subsisting interests s 28MHCancellation of caution on resumption or sale under Local Government Act 1993 s 28NCancellation of instruments s 28OCertain proceedings against Registrar-General barred s 28PApplication of provisions of this Act to qualified folio and land therein s 28QApplication of Act No 6, 1919, Part 4 s 28QAInformation and production of documents s 28RCertain instruments to have no effect s 28SDefinitions s 28TCreation of limited folio s 28UDefeasibility of limited title s 28VRemoval of limitation s 28WRestrictions on registration of delimitation plan s 28XWithdrawal of delimitation plan s 28ZCCertain proceedings against Registrar-General barred s 28ZDInformation and production of documents s 31ACreation of folio for resumed land s 31BThe Register s 32Folios of the Register s 33Information notice s 33AAssumption as to authority s 36Lodgment and registration of documents s 36ANotification of permits, licences and permissive occupancies affecting Crown land s 37Transactions effecting the subdivision of land s 38(Repealed)s 39Treatment of dealings that do not comply with requirements s 39ATreatment of certain instruments when land brought under Act s 39BRegistration of mortgagor or charger as proprietor s 39CDealings etc to be in approved form s 39DRegister of Deeds to be noted s 40Manual folio to be considered evidence of title, and that the land has been duly brought under the Act s 40AProduction of computer folio to courts etc s 41Dealings not effectual until recorded in Register s 42Estate of registered proprietor paramount s 43Purchaser from registered proprietor not to be affected by notice s 43AProtection as to notice of person contracting or dealing in respect of land under this Act before registration s 43BStatutory restrictions on alienation etc s 44Registered proprietor suing for specific performance s 45Bona fide purchasers and mortgagees protected in relation to fraudulent and other transactions s 45AConstruction of dealings relating to land abutting on streams or roads s 45BDefinitions s 45CAcquisition of possessory title to land under the Act s 45DApplication for title by possession s 45EGrant of possessory application s 45FRestrictions on grant of possessory applications s 45GWithdrawal of possessory application s 46Transfers s 46ACreation of easements etc over own land by a dealing s 46B(Repealed)s 46CRegistrar-General may register as proprietor person who is entitled to land by operation of statute s 47Recording, variation and release of easements etc s 47A(Repealed)s 48Creation of cross-easements for party walls by plans on application s 49Cancellation of recordings of easements after abandonment, consolidation of tenements or release s 50(Repealed)s 51Interest and rights of transferor pass to transferee s 52Transfer of mortgage or lease transferee’s right to sue s 52AMortgage of a mortgage or charge s 53Land under the provisions of this Act—how leased s 54Lease may be surrendered by execution of surrender in approved form s 55Registrar-General to note particulars of re-entry in Register s 55ARegistration of variation of lease s 55BDealings affecting common law leases s 56Lands under this Act: how mortgaged or encumbered s 56APostponement of mortgages s 56BSpecial provision as to certain postponements s 56CConfirmation of identity of mortgagor s 57Procedure on default s 58Power to sell s 58ADispensing with notice or lapse of time s 59Registration of transfer by mortgagee, chargee or covenant chargee s 60In case of default, entry and possession, ejectment s 61Application for foreclosure order s 62Order for, and effect of, foreclosure s 63Suspension of mortgagor’s rights as landlord s 64Mortgagee of leasehold entering into possession liable to lessor s 65Discharge of mortgages, charges and covenant charges s 66Recording of satisfaction of annuity etc s 67(Repealed)s 74ADefinitions s 74BLodgment of caveats against primary applications s 74CCaveats lodged under section 74B to lapse under certain circumstances s 74DCaveator to have right to apply for an order extending the operation of the caveat s 74EPowers of Registrar-General where caveator fails to prosecute proceedings to establish title to estate or interest claimed in caveat s 74FLodgment of caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants s 74GRegistrar-General to enter particulars of caveat lodged under section 74F in Register s 74HEffect of caveat lodged under section 74F s 74ILapse of caveat where dealing or delimitation plan is subsequently lodged for recording s 74JLapse of caveat on application of proprietor of estate or interest s 74JALapse of caveat regarding extinguishment of restrictive covenant s 74KPower of Supreme Court to extend operation of a caveat lodged under section 74F s 74LStrict compliance with formalities with respect to caveats not necessary s 74LACaveat lapses when order ceases to have effect s 74MWithdrawal of caveats s 74MAApplication to Court for withdrawal of caveat s 74NService of notices on caveators for purposes of Part s 74ORestrictions on lodgment of further caveats if earlier caveat lapses or is withdrawn s 74PCompensation payable in certain cases s 74QRegistrar-General not obliged to ensure that caveator is entitled to the subsisting estate or interest claimed in a caveat s 74RRight to obtain injunction not affected s 74SInterpretation s 74TLodgment of priority notices s 74URegistrar-General to enter particulars of priority notice lodged under this Part s 74VPeriod during which priority notice has effect s 74WEffect of priority notice s 74XWithdrawal and removal of priority notice s 74YApplication to Supreme Court for withdrawal of priority notice s 74ZCompensation payable in certain cases s 75General covenants to be implied in instruments s 76Transferee of land subject to mortgage etc to indemnify transferor s 76AAdditional implied covenants in respect of land in a qualified folio s 80Implied covenants may be modified or negatived s 80AIncorporation of provisions contained in memorandum or covenants in lease s 81Definitions s 81ARegistered proprietor of land may apply to have a restrictive covenant extinguished s 81BRegistrar-General may ask the registered proprietor for further information s 81CRegistrar-General must reject invalid application without further consideration s 81DRegistrar-General must notify certain persons of application for extinguishment of restrictive covenant s 81EForm of notice s 81FPeriod of notice s 81GGiving of notice s 81HService of notice by person other than Registrar-General s 81IRegistrar-General may extinguish a restrictive covenant after application made s 81JRegistrar-General may extinguish a restrictive covenant without receiving an application s 81KCancellation of recording of restrictive covenant s 81LEffect of extinguishment s 82No notice of trusts to be recorded in Register s 83Dedicated or reserved lands—trusts s 84Barring of survivorship among trustees in certain cases s 85Notice to be published before order s 86Recording of vesting order s 87Proceedings may be brought by person claiming beneficial interest in name of trustee s 90Transmission on bankruptcy s 91Disclaimer of lease under Commonwealth Act s 92(Repealed)s 93Transmission on death of proprietor s 96Trusts protected s 96ARegister to be publicly available s 96BCertified copies s 96CMatters arising s 97Severance of joint tenancy by unilateral action s 100Registered co-tenants s 101Registration of survivor of joint proprietors s 104Approved forms s 105Recording of writ in Register s 105AEffect of recording writ s 105BRegistration of transfer pursuant to sale under writ s 105CLapsing of writ in relation to land s 105DCancellation of recording of writ s 106Execution of instruments by corporations s 107Client authorisations s 108Reliance on, and repudiation of, signatures s 114Registrar-General may require plan to be lodged s 116Searches s 117Certificate of correctness s 117ARegistrar-General’s requisitions s 118Registered proprietor protected except in certain cases s 119Defendant’s entitlements where improvements have been made s 120Proceedings for compensation s 121Administrative review of decisions of Registrar-General s 122Review of decisions by Supreme Court s 123Applicant may state case for Supreme Court s 124Application to Supreme Court for directions s 125Orders as to costs s 126Registrar-General may intervene in certain proceedings s 127Barring of actions where claimant on notice s 128Definitions s 129Circumstances in which compensation payable s 129ALimits on amount recoverable generally s 129BLimits on amount recoverable in respect of mortgage obtained by fraud s 130Minister may direct ex gratia payments from Torrens Assurance Fund s 131Administrative proceedings for recovery of compensation s 132Court proceedings for the recovery of compensation s 133Subrogation of rights to claim compensation s 133ARepayment of certain amounts s 134Torrens Assurance Fund s 134A(Repealed)s 135Registrar-General may settle claims s 135ADefinition of “owner”s 135BApplication may be made for boundary determination s 135CBoundaries to which Part applies s 135DRequirements for application s 135ENotice of application to be given to certain persons s 135FProcedure in determining boundaries s 135GDetermination of other boundaries s 135HBasis of determination s 135INotice of determination of boundary s 135JAppeals to Land and Environment Court s 135KNoting of boundary on plans etc s 135LEffect of boundary determination s 135MDelegation s 135NApplication of provisions where land has more than one owner s 135OOwners may agree to dispense with certain requirements s 135PFailure to notify does not affect validity of determination s 135QGiving of notices s 138Court may direct cancellation of folios and other actions related to folios s 138ARegistrar-General may take steps to rectify Register in case of fraud s 139Rules of court and rights of appeal applicable to proceedings under Act s 140(Repealed)s 141Certain fraudulent acts to be deemed indictable offences s 142Conviction not to affect civil remedy s 143Prosecutions and recovery of penalties s 144Regulations s 144AFixing of fees etc for new services under relevant Acts s 145Savings and transitional provisions s 146Exclusion of personal liability s 1Regulations s 2Payment of existing claims s 3Settlement of existing claims s 4Cancellation of caution on qualified folio created on possessory title s 11Current proceedings s 12Current administrative claims s 13Future proceedings commenced in relation to existing matters s 14Torrens Assurance Fund s 15Exclusion of personal liability s 16Definition s 17Possessory title to part of residue lot s 23Time limits for commencement of proceedings for the recovery of compensation s 32Dealings underway on cessation day s 33Disposal of documents s 34Effect of repeal of section 46B

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(Repealed)

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38 (Repealed)

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