Land Titles Act 1993 · 2020 Revised Edition · Part 3 · Initial Registration of Titles
27. Prior encumbrances to be notified on folio
Feedback & supportThe Registrar must enter on a folio a notification of any caveat or other subsisting encumbrance —
which is apparent to him or her from the records maintained at the Land Titles Registry (including the Caveat Index) at the time of the creation of that folio; and
which is subsequently brought to his or her attention as in this section provided.
Any person claiming an interest in land which was subsisting at the date of the creation of a folio for that land other than an interest excepted by section 46 may, so long as the folio remains qualified as to title, protect that interest by lodging a caveat under section 115, and the Registrar must enter a notification of such a caveat in that folio.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
The proprietor in whose name a folio has been created must lodge with the Registrar a statement setting out particulars of any subsisting interest affecting the land therein comprised which is known to the proprietor and which is not already notified under subsection (1) other than an interest excepted by section 46.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
Where any unregistered land has been brought under the provisions of this Act with one or more subsisting caveats for an estate or interest in the land lodged in accordance with the Registration of Deeds Act 1988, the Registrar may, on being satisfied that the caveat has not been withdrawn, cancelled or lapsed, enter a notification of the caveat in that folio as if the caveator had also lodged a caveat under section 115 and in the manner specified in section 115(2)(b) for the same estate or interest in the land when lodging the caveat under the Registration of Deeds Act 1988.
unregistered land
“unregistered land” means any land which has not yet been brought under the provisions of this Act.
The proprietor named in a folio who —
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
has knowledge of an encumbrance or interest affecting the land comprised therein which is not notified on the relevant folio; and
disposes of or otherwise deals with or creates any interest in that land without having lodged a statement under subsection (3),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
An interest notified on the folio under this section is an interest within the meaning of section 46, but its notification does not give the interest to which it relates any greater operation or effect than it has under the instrument creating it.
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;
Any interest notified on the folio under this section does not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had.