Land Titles Act 1993 · 2020 Revised Edition · Part 13 · Enforcement Orders and Orders of Court
134. Lapsing of enforcement orders
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Registration of an enforcement order lapses, and the power of the Sheriff to execute registrable instruments pursuant thereto is extinguished, at the expiration of one year from the date of the registration of the enforcement order, and the land thereupon ceases to be bound thereby.
Subsection (1) does not prevent the registration of a renewal of an enforcement order, or of a second or subsequent enforcement order issued on the same judgment.
Nothing in this Act enables a judgment creditor by a succession of enforcement orders on the same judgment to bind land for an uninterrupted period exceeding one year.
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;
Upon the lapsing of the registration of an enforcement order, the Registrar must, on an application made by the proprietor or of anyone claiming through the proprietor in an approved form, cancel the registration of the enforcement order.
The lapsing of the registration of an enforcement order does not prevent the registration of any instrument executed pursuant thereto and lodged for registration prior to such lapsing.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;