Freehold subject to existing interests
10 Freehold subject to existing interests
The grant of an estate in fee simple in land by or under section
8 is subject to:
a reservation to the Crown of all minerals, mineral substances and ores in or upon the land including gems, stones, sands, valuable earths and fossil fuels, together with the right to authorize any person to enter upon the land to explore for, mine or otherwise recover and remove them or any of them and to do all things necessary or convenient for those purposes; and
a reservation of all easements over the land immediately before the commencement of this Act, including easements in favour of the
Commonwealth.
An instrument creating or dealing with an interest in a Crown lease has effect, upon the grant of an estate in fee simple in the land the subject of the lease by or under section 8, as though the fee simple had been granted before the instrument was made and the instrument related accordingly to the estate in fee simple.
An instrument purporting to create or deal with an interest in a
Crown lease, being an instrument that was made after the grant of an estate in fee simple in the land the subject of the lease by or under section 8, but before the expiration of 14 days after the
Registrar-General records in the land register the details of the freehold title, has effect as though it related accordingly to the estate in fee simple.
Where a memorial of a current instrument relating to a Crown lease was entered on the lease when an estate in fee simple in the land the subject of the lease was granted by or under section 8, the
Registrar-General shall, subject to subsection (5), enter a memorial of the instrument in the land register.
The Registrar-General may, in his discretion, register an instrument before he issues a certificate as to title to land, the estate in fee simple in which was granted by or under section 8, and issue the certificate as to title accordingly.
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