Registrable real property, time and effect of confiscation of under s. 6, 7 or 8
9 Registrable real property, time and effect of confiscation of under s. 6, 7 or 8
Registrable real property that is confiscated under section 6, 7 or 8 vests absolutely in the State when —
the court declares under section 30 that the property has been confiscated; and
a memorial of the making of the declaration is registered under section 113(1).
When registrable real property vests in the State under subsection (1) —
the property vests free from all interests, whether registered or not, including trusts, mortgages, charges, obligations and estates, (except rights‑of‑way, easements and restrictive covenants); and
any caveat in force in relation to the property is taken to have been withdrawn; and
the title in the property passes to the State.
If registrable real property has been confiscated under section 6, 7 or 8, but has not vested in the State under subsection (1), sections 50 and 51 and Part 7 apply to the property as if it were subject to a freezing order.
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