37. Conditions in respect of a flat, house or building
Feedback & supportLast amended by an amending law of 1975.
No lien by deposit of the title deeds, as security for a debt, of any flat, house or building that has been sold subject to the provisions of this Part shall be capable of being created in favour of any person and any caveat in support of any such lien if lodged with the Registrar of Titles or presented for registration with the Registrar of Deeds shall have no legal effect.
flat
“flat” means a horizontal stratum of a building or part thereof, whether such stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation;
No such flat, house or building shall vest in the Official Assignee on the bankruptcy of the owner thereof.
owner
“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent of the owner for the sale, custody, loading, handling, discharge or delivery of such goods; and, when used in relation to any vessel, includes any part-owner, charterer, operator, consignee or mortgagee in possession thereof or any duly authorised agent of any such person;
No such flat, house or building shall be attached in execution of a decree of a court.
Every trust or alleged trust, whether the trust is express, implied or constructive, which purports to be created in respect of such flat, house or building by the owner thereof shall be null and void and shall be incapable of being enforced by a court.[39D