Land Titles Act 1993 · 2020 Revised Edition · Part 6 · Instruments
55. Memorandum of prior encumbrances
Feedback & supportInstruments intended to dispose of or to create any interest in registered land must contain in a memorandum of prior encumbrances a brief description of any interest affecting that land which has been registered or notified in the land‑register.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
Failure to comply with subsection (1) does not prevent registration of the instrument unless, in the Registrar’s opinion, completion of the memorandum is necessary to indicate the order of registration of 2 or more instruments.
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 error in or omission from the memorandum of prior encumbrances does not operate to invalidate the registration of an instrument.