Land Titles Act 1993 · 2020 Revised Edition · Part 11 · Transmissions
110. Transmission on bankruptcy
Feedback & supportLast amended by an amending law of 2018. 2 amendments in all.
Subject to subsection (1A), the Official Assignee claiming land under a bankruptcy order against a proprietor or under an order for administration in bankruptcy of the estate of a deceased proprietor may apply in the approved form to become registered as proprietor by transmission of the land so claimed, and upon production of a duly certified copy of that order, 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;
The Official Assignee must make an application under subsection (1) before exercising the Official Assignee’s rights under the Insolvency, Restructuring and Dissolution Act 2018 to sell the property.
Despite the provisions of any written law relating to bankruptcy for the time being in force, the vesting of registered land pursuant to proceedings thereunder is subject to the registration of a transmission application as provided in this section.
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
For the purposes of this Act, any dealing with land of which the Official Assignee is the proprietor may be executed by the Official Assignee for the time being.
dealing
“dealing” means any instrument other than a certificate of title or caveat which is registrable or capable of being made registrable under the provisions of this Act or in respect of which any entry or notification in the land‑register is by this Act required or permitted to be made;