Land Titles Act 1993 · 2020 Revised Edition · Part 11 · Transmissions
107. Transmission on death of proprietors in severalty
Feedback & supportPersonal representatives or any other person claiming land of a deceased proprietor may apply in the approved form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim, the Registrar must enter on the folio a memorial of registration in accordance with section 37.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
An application under this section by a person claiming land of a deceased proprietor otherwise than as personal representative must not be registered unless it can be established to the satisfaction of the Registrar that a transfer to that person by the personal representative is not reasonably practicable.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
The Registrar may register a transmission application by the Public Trustee acting in the Public Trustee’s capacity under section 6 of the Public Trustee Act 1915 in the administration of an estate in respect of which representation has not been taken out.
For the purposes of this section, “personal representative” includes —
the administrator of an executor; and
the executor of an administrator.