Land Titles Act 1993 · 2020 Revised Edition · Part 13 · Enforcement Orders and Orders of Court
135. Land sold pursuant to enforcement orders
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The interest in registered land which may be sold in execution under an enforcement order is the interest which belongs to the judgment debtor at the date of the registration of the enforcement order.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
For the purpose of determining the interest in land which belongs to a judgment debtor —
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;
any interest in that land purported to be created subsequent to the date of the registration of the enforcement order; and
any interest in that land created prior to the date of the registration of the enforcement order, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale,is void against a purchaser of the land at the sale in execution under the enforcement order.
Land must not be sold in an execution under an enforcement order until the expiration of 30 days from the date of the registration of the enforcement order.
Where land is sold under this section, a transfer must be lodged in favour of the purchaser, and where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and create a new folio in favour of the transferee.
purchaser
“purchaser” means a person who, in good faith and for valuable consideration, acquires an estate or interest in land, and includes a mortgagee, chargee and lessee; and