Real Property Act 1886

A person must not grant, sell, transfer, convey, mortgage or encumber an estate or interest (except a right-of-way or other easement) in land (whether or not the land has been brought under the provisions of this Act) unless that land constitutes—

the whole of an allotment, or of a number of allotments; or

an allotment or allotments and a part allotment that is contiguous with that allotment or with one or more of those allotments and is comprised within the same certificate; or

an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with

Where land is comprised in a certificate, a person must not grant, sell, transfer, convey, mortgage or encumber an estate or interest (except a right-of-way or other easement) in portion of the land comprised in the certificate unless—

the portion of the land constitutes—

the whole of an allotment or of a number of allotments; or

an allotment or allotments and a part allotment that is contiguous with that allotment or with 1 or more of those allotments; or

an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with

the remainder of the land comprised in the certificate—

constitutes the whole of an allotment or of a number of allotments; or

constitutes an allotment or allotments and a part allotment or part allotments that are contiguous with that allotment or one or more of those allotments; or

constitutes an allotment or allotments and a series of 2 or more part allotments each of which is contiguous with the part allotment or part allotments next to it and at least 1 of which is also contiguous with

The requirement of contiguity in subsection (2)(b)(ii) does not apply to a part allotment that was not contiguous with any allotment in the certificate before the transaction occurred.

A transaction entered into in contravention of this section is void and no instrument purporting to give effect to such a transaction may be lodged for registration.

This section does not affect the validity of a contract to grant, sell, transfer, convey, mortgage or encumber an estate or interest in land if—

a

under this Part; or

by strata plan under the Strata

the contract could, if the land were divided as contemplated by the parties, be carried into effect in conformity with this section; and

the contract provides that the grant, transfer, conveyance, mortgage or encumbrance of estates or interests in land pursuant to the contract will not have effect until the plan of division, strata plan or community plan contemplated by the parties has been deposited in the

Where—

before

land was laid out in a building unit scheme; and

buildings were erected in accordance with the scheme; and

by virtue of leases or agreements with the registered proprietor of the land, two or more persons have exclusive rights to occupy separate portions of the land, this section does not affect the validity of an assignment of or other dealing with the rights of occupation existing under the leases or agreements referred to in paragraph (b).

This section does not affect the validity of—

a transaction lawfully entered into before 4 November 1982; or

a transaction of a class excluded by regulation from the provisions of this section.

In this section—