Real Property Act 1900

Provisions of this Act that apply to and in respect of dealings affecting registered leases apply to and in respect of any dealings affecting a lease that is recorded as an encumbrance in a folio of the Register (a common law lease).

However, registration of a dealing affecting a common law lease does not—

imply that the lease is registered, or

otherwise alter the effect that lease would have had in the absence of this section.

The Registrar-General may reject or refuse to register a dealing lodged for registration that purports to affect a common law lease—

if not satisfied as to the devolution of the lease, or

if, for any other reason, of the opinion that the dealing would not have been registered if it had been a dealing lodged for registration that purported to affect a registered lease.