Transfer of Land (General) Regulations 2004

Version No. 001

Transfer of Land (General) Regulations 2004

S.R. No. 37/2004

Version as at 16 May 2004

table of provisions

RegulationPage

1

RegulationPage

1.Objectives

2.Authorising provisions

3.Commencement

4.Revocation

5.Definitions

6.Paper quality, size and requirements

7.Requirements for the Registrar to act

8.Shares to accompany instrument

9.Retention of shares by the Registrar

10.Approval of forms and licences under section121(4) of the Act

11.Approval of forms and authority under section121(7) of the Act

12.Requirements concerning search of general law land—Form 5 ofSchedule 2

13.Form of instruments

______

SCHEDULES

SCHEDULE 1—List of Instruments

SCHEDULE 2—Forms

Form 1—Application to bring land under the operation of the Transfer of Land Act 1958

Form 2—Application to bring land under the operation of the Transfer of Land Act 1958

Form 3—Application to bring land under the operation of the Transfer of Land Act 1958

Form 4—Notice claiming interest in land in identified folio

Form 5—Search of General Law Title

Form 6—Application to vary priority of mortgages

Form 7—Application for the giving of notice

Form 8—Application for deletion of warning relating to the title dimensions

Form 9—Caveat against creation of folio/ removal of warning

Form 10—Application for a new certificate of title in place of one lostor destroyed

Form 11—Application for a new folio of the Register

Form 12—Transfer of mortgage, charge or lease

Form 13—Creation of easement

Form 14—Surrender of easement

Form 15—Application for a vesting order

Form 16—Transmission application by trustee of bankrupt

Form 17—Transfer under warrant of seizure and sale

Form 18—Transfer under judgment, decree, order or process of execution of the Supreme Court of Victoria other than warrant of seizure and sale

Form 19—Application by acquiring authority

Form 20—Notification

Form 21—Withdrawal of notification

Form 22—Application for or to give effect to an order vesting trust estate

Form 23—Application to give effect to disposition

Form 24—Application for a vesting order based on title by
possession

Form 25—Caveat against vesting order based on title by possession

Form 26—Lease

Form 27—Application for foreclosure and transfer of lease where lessee is bankrupt

Form 28—Application for surrender of mortgaged lease where
lessee is bankrupt

Form 29—Sub-lease

Form 30—Application for recording of easement

Form 31—Application for removal of easement

Form 32—Application for declaration that easement has been abandoned or extinguished

Form 33—Caveat against application to remove easement

Form 34—Charge of an annuity

Form 35—Variation of mortgage or charge

Form 36—Variation of priority of mortgages or charges

Form 37—Application for an order for foreclosure

Form 38—Application for discharge of mortgage on proof of
payment

Form 39—Application to record covenant

Form 40—Application to record release, variation or modification ofcovenant

Form 41—Application for declaration that restrictive covenant is released varied or modified

Form 42—Notification of charge easement or right

Form 43—Application for service of a notice

Form 44—Application for stay of registration

Form 45—Application for inclusion in the folio of the Register of shares or other like interests in a service company

Form 46—Application for registration of service agreement

Form 47—Application for cancellation or variation of service agreement

Form 48—Application for cancellation and registration of a plan where the applicant is a service company

Form 49—Application for cancellation and registration of a plan where the applicant is not a service company but a
service company operates

Form 50—Application for cancellation and registration of a plan where no service company operates

Form 51—Notice under section 98CB of the Transfer of Land Act1958

Form 52—Notice under section 98CC(1) of the Transfer of Land Act1958

Form 53—Application for amendment to boundaries, area or
position

Form 54—Request for information as to whether boundaries area
and position of any land are accurately shown on a plan
of survey

Form 55—Caveat against application to amend boundaries, area or position

Form 56—Application to correct name in the Register

Form 57—Application to correct land description in the Register to accord with plan

Form 58—Application for Registrar to require production of certificate of title or duplicate instrument

Form 59—Application for Registrar to require submission of certificate of title or duplicate instrument

Form 60—Application for removal of a fully satisfied extinguished
or otherwise determined encumbrance

Form 61—Application for amendment or alteration of registered proprietor's address

Form 62—Application for amendment or alteration of address for service of notice in caveat

Form 63—Request for amendment or alteration of address for
service of notice to an interest holder

═══════════════

ENDNOTES

1.General Information

2.Table of Amendments

3.Explanatory Details

1

Version No. 001

Transfer of Land (General) Regulations 2004

S.R. No. 37/2004

Version as at 16 May 2004

1

S.R. No. 37/2004

Transfer of Land (General) Regulations 2004

1.Objectives

The objectives of these Regulations are—

(a)to provide standards for the quality of and information required for instruments to be lodged with the Registrar for registration for which forms have not been approved under section 121 of the Transfer of Land Act 1958; and

(b)to specify requirements for applications for approval of forms under section 121 of the Transfer of Land Act 1958.

2.Authorising provisions

These Regulations are made under sections 120 and 121 of the Transfer of Land Act 1958.

3.Commencement

These Regulations come into operation on 16 May 2004.

4.Revocation

The Transfer of Land (General) Regulations 1994[1] and the Transfer of Land (General) (Amendment) Regulations 1998[2] are revoked.

5.Definitions

r. 5

In these Regulations—

"the Act" means the Transfer of Land Act 1958;

"current practitioner" has the same meaning it has in the Legal Practice Act 1996.

6.Paper quality, size and requirements

(1)This regulation applies to instruments for which a form has not been approved by the Registrar under section 121 of the Act.

(2)An instrument lodged with the Registrar must be on good quality International Paper Size A4, measuring 297 millimetres by 210 millimetres.

(3)Clear margins of not less than 50 millimetres at the top of the page and 10 millimetres on the left hand side must be left.

(4)All hand writing including all signatures must be in ink.

(5)Self-correcting typewriter ribbons or correction fluids must not be used on instruments.

(6)An instrument that is wholly or partially a carbon impression must not be lodged as an original.

(7)If an instrument consists of more than one sheet of paper, the sheets must be securely fastened together.

7.Requirements for the Registrar to act

(1)If a person requires the Registrar to do an act or perform a duty that person must apply to the Registrar.

(2)If no form of application is prescribed by the Act or by these Regulations or approved by the Registrar under the Act, the applicant must—

(a)state the name and address of the applicant;

(b)state the act or duty required to be done and the relevant section of the Act;

(c)describe the land by referring to the volume and folio number of the folio of the Register and, if only part of the land is affected, define that part;

(d)if the applicant is not the registered proprietor, give the name and address of the registered proprietor;

(e)set out the registered number of any instrument affected by the application;

(f)set out any other particulars that are required by the relevant section of the Act.

8.Shares to accompany instrument

r. 8

(1)An instrument for which a certificate of title is to be issued in respect of a stratum estate in a building subdivision in relation to which a service company operates or is intended to operate must be lodged with the documents evidencing the shares or other like interest in the service company that were issued or sold with or in respect of that estate.

(2)Sub-regulation (1) does not apply if the shares or other like interest are already shown to be included in the relevant folio of the Register.

9.Retention of shares by the Registrar

If any shares or other like interest in a service company have been included in a folio of the Register, the documents evidencing the shares or interests must be retained by the Registrar.

10.Approval of forms and licences under section121(4) of the Act

r. 10

(1)A person who wishes to obtain approval of a form and a licence under section 121(4) of the Act must apply to the Registrar.

(2)An application under sub-regulation (1) must—

(a)state the name and address of the applicant;

(b)state the nature of the form, and the time during which it is intended that the form will be sold;

(c)be accompanied by an example of the proposed form prepared in the format proposed to be used.

(3)The Registrar may only grant a licence under section 121(4) of the Act for a period of up to 2years.

11.Approval of forms and authority under section121(7) of the Act

(1)A person who wishes to obtain approval of a form under section 121(7) of the Act and an authority under that sub-section must apply to the Registrar.

(2)An application under sub-regulation (1) must—

(a)state the name and address of the applicant;

(b)state the nature of the form and the time during which it is intended that the form will be used;

(c)be accompanied by an example of the proposed form prepared in the format proposed to be used.

(3)The Registrar may only grant an authority under section 121(7) of the Act for a period of up to 2years.

12.Requirements concerning search of general law land—Form 5 ofSchedule 2

r. 12

A person who searches a general law title and provides a multi-paged document which is part of Form 5 in Schedule 2 must number each page of the search of title consecutively and sign each page.

13.Form of instruments

Unless a form has been approved by the Registrar, an instrument referred to in a section of the Act specified in Column 1 of Schedule 1 and requiring the doing of the act specified in Column 2 of Schedule 1 must be in the appropriate form in Schedule 2 that is specified in Column 3 of Schedule 1.

______

SCHEDULES

SCHEDULE 1

Sch. 1

List of Instruments

Sch. 1

Sch. 1

Sch. 1

______

SCHEDULE 2

Sch. 2

Form 1

Application to bring land
under the operation of the
Transfer of Land Act 1958

Section 14 Transfer of Land Act 1958

Lodged at the Office of Titles by:

Name:

Phone:

Address:

Ref:Customer Code:

The applicant applies to bring the land under the operation of the Act subject to the encumbrances set out in the legal practitioner's certificate.

Land:

(volume and folio reference or sufficient description to identify the land, which description should be identical to that in the legal practitioner's certificate)

Applicant:

(full name and address including postcode)

Certifying legal practitioner:

(name and firm name)

Date of certificate:

Date:

Signed:

(applicant, current practitioner or agent)

______

Form 2

Sch. 2

Application to bring land
under the operation of the
Transfer of Land Act 1958

Section 15 Transfer of Land Act 1958

Lodged at the Office of Titles by:

Name:

Phone:

Address:

Ref:Customer Code:

The applicant applies to bring the land under the operation of the Act subject to the encumbrances set out in the legal practitioner's certificate.

Land:

(volume and folio reference or sufficient description to identify the land, which description should be identical to that in the legal practitioner's certificate)

Applicant:

(full name and address including postcode)

Certifying legal practitioner:

(name and firm name)

Date of certificate:

Date:

Signed:

(applicant, current practitioner or agent)

______

Form 3

Sch. 2

Application to bring land
under the operation of the
Transfer of Land Act 1958

Section 23 Transfer of Land Act 1958

Lodged at the Office of Titles by:

Name:

Phone:

Address:

Ref:Customer Code:

The applicant applies to bring the land under the operation of the Act.

Land:

(volume and folio reference or sufficient description to identify the land)

Applicant:

(full name and address including postcode)

Date:

Signed:

(applicant, current practitioner or agent)

______

Form 4

Sch. 2

Notice claiming interest in land in identified folio

Section 26F Transfer of Land Act 1958

Lodged at the Office of Titles by:

Name:

Phone:

Address:

Ref:Customer Code:

The person lodging this notice claims an interest specified in the land.

Land:

(volume and folio reference or sufficient description to identify the land)

Person claiming interest:

(full name and address including postcode)

Interest claimed:

Grounds of Claim:

Address in Victoria
for service of notice:

(include postcode)

Date:

Signed:

(applicant, current practitioner or agent)

______

Form 5

Sch. 2

Search of General Law Title

Section 26J Transfer of Land Act 1958

LAND SEARCHED

Whole/Part Crown Allotment or

Portion at

Section at

Town

Parish / County

and being the land sketched on page attached, and being whole or part of the land described in Book No. or Crown Grant No. , from which this search starts.

I CERTIFY THAT I HAVE MADE SEARCHES:

1.Against the names on the index sheets **(pages ) and that extracts of all memorials determined by my search to affect the above land are set out on pages ** attached.

2.In the Registers of Executions, Lis Pendens, Crown Debtors, and Settlements and Arrangements, against the names of all persons who appear from the memorials to have had a beneficial interest in the land during the past 30 years, with the following result:

*NIL
or *see page of attached search.

Signed: Date: / /

(signature of searcher)

*Delete where not applicable

**Attached pages must be numbered consecutively and each must be signed by the searcher.

______

Form 6

Sch. 2

Application to vary priority of mortgages

Section 26M(3) Transfer of Land Act 1958

Lodged at the Office of Titles by:

Name:

Phone:

Address:

Ref:Customer Code:

The priority of all mortgages affecting the land is varied to rank in the following priority.

Land:

(volume and folio reference)

Mortgage No.Mortgagee

1st Priority:

2nd Priority:

3rd Priority:

Date:

Signed by(mortgagee)

in the presence of:

Signed by(mortgagee)

in the presence of:

Signed by(mortgagee)

in the presence of:

______

Form 7

Sch. 2

Application for the giving of notice

Section 26N(1) Transfer of Land Act 1958

Lodged at the Office of Titles by:

Name:

Address:

Phone:

Ref:Customer Code:

The applicant having the estate or interest specified below applies for the giving of a notice to a person claiming the interest recorded in the notification specified below.

Land:

(volume and folio reference)