Land Titles Act 1993 · 2020 Revised Edition · Part 16 · Powers of Attorney
147. Registration of instruments executed by attorneys
Feedback & supportLast amended by an amending law of 2014.
On lodgment for registration of any instrument executed by an attorney, the Registrar may require the power of attorney or a duly certified copy thereof to be exhibited to him or her, and in case of doubt, or where the Registrar suspects impropriety, may require the execution of the power to be proved.
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;
Where a power of attorney has been deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886, no further proof of execution is required by the Registrar.
Before registering any instrument executed by an attorney, the Registrar may require either —
attorney
“attorney” means any person appointed by an instrument under seal to act as the agent for or on behalf of a principal in relation to transactions with registered land, whether the agent is called attorney, receiver, broker, factor or otherwise and, where the context admits,
that the power of attorney or a true copy thereof be deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886; or
that a duly certified copy delivered out of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886 be lodged in the Land Titles Registry for inspection or for permanent record.
As between an attorney and any purchaser from the attorney of registered land, and despite any agreement or stipulation to the contrary, there is implied an undertaking by the attorney to comply, at the attorney’s own expense (or that of the attorney’s principal), with all reasonable requirements of the Registrar made under this section.
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