Land Titles Act 1993 · 2020 Revised Edition · Part 18 · Searches and Certified Copies
163. Priority affected by final official searches
Feedback & supportThe Registrar may issue a final official search to any person who wishes to close the land‑register, and who satisfies the Registrar (whether by production of an acknowledgment from the proprietor or otherwise) that the person is a purchaser of the land in respect of which the search is required.
The Registrar must make an entry in the land‑register of the day and hour of posting, fax or manual delivery of a final official search.
land‑register
“land‑register” means the land‑register that is maintained under section 28;
Upon an entry made under subsection (2), no instrument affecting the land to which the search relates (other than an instrument in favour of the applicant) which is lodged for registration within the period of 7 days next ensuing upon the entry may be registered or notified until the expiration of that period, or until the registration of an instrument in favour of the applicant, whichever is the earlier.
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;
Upon the expiration of that period of 7 days, or upon registration of the instrument in favour of the applicant (whichever is the earlier), instruments affecting the land to which the final official search relates must be registered or notified in the manner directed by 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;
A person who has obtained a final official search is not entitled to obtain any further final official search relating to the same land until the expiration of 8 days from the time of posting, fax or delivery of the final official search.