Western Australia: The Transfer of Land Act 1893 (WA)

Western Australia Transfer of Land Act 1893 Western Australia Transfer of Land Act 1893 Contents Part IA — Preliminary 1. Short title 1 2. Repeals and savings 1 3. Application of other laws etc. and this Act 1 4. Terms used; application of Act to Crown land 1 4A. Sections of this Act that do not apply to Crown land 1 Part I — Officers 5. Commissioner of Titles 1 6. Deputy Commissioner of Titles 1 7. Registrar of Titles 1 7A. Offices of Commissioner and Registrar may be held by one person 1 8. Examiner of Titles, Assistant Registrar of Titles 1 8A. Designating statutory officers, generally 1 9. Certain signatures to be judicially noticed 1 10. Seal 1 11. Assistant Registrar's powers 1 12. Commissioner and Examiner of Titles not to practise law 1 13. Oaths of office 1 14. Commissioner and Registrar may exercise functions electronically 1 15. Delegation by Commissioner 1 15A. Delegation by Registrar 1 16. Rules relating to surveyors 1 17. Some of Minister for Lands' functions under this Act may be performed by authorised officer 1 Part II — Bringing land under the Act 20. Bringing lands alienated in fee before 1 July 1875 under this Act 1 20A. Evidence and restrictions of requisitions 1 21. How application to be dealt with when no dealing has been registered 1 22. How application to be dealt with when dealing has been registered 1 23. Notice of application to bring land under this Act and rescission of previous directions on undue delay 1 24. Person claiming title by possession to post notice of application on land 1 25. Land to be brought under this Act unless caveat received 1 26. Land occupied may be brought under this Act by different description from that in title on special application 1 27. Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate 1 28. Title may be given to excess of land occupied under Crown grant over land described in Crown grant 1 29. Excess of land may be apportioned between different owners or proprietors 1 30. Parties interested may lodge caveat 1 31. If caveat received, proceedings suspended 1 32. Caveat to lapse unless proceedings taken within one month 1 33. Judge may require production of title deeds in support of application to bring land under this Act 1 34. Applicant may withdraw application 1 35. Documents of title 1 36. Subsisting lease to be endorsed and returned 1 37. Additional evidence to be scheduled 1 38. Some certificates of title to issue in name of deceased person 1 39. Registration of leaseholds 1 42. Production of lease may be dispensed with on bringing land under this Act 1 43. Certain memorials to be sufficient evidence of conveyances in fee 1 45. Commissioner may direct Registrar to bring land under this Act 1 46. Title to land sold under order or decree may be deemed sufficient 1 47. Formalities of order 1 Part III — Certificates of titles and registration 48. Register 1 48A. Certificates of title 1 48B. No duplicate certificate of title to be issued 1 48C. Symbols 1 49. One certificate may be created for lands not contiguous 1 50. Area of land need not be mentioned in certificate 1 52. Registration of certificates of title and instruments 1 53. Priority of registration of instruments 1 54. Incorporation of terms etc. of certain memoranda 1 55. Trusts 1 56. Memorandum to state certain particulars 1 58. Instruments not effectual until registered 1 59. Notations as to legal disability of proprietor 1 60. Joint tenants and tenants in common 1 61. Effect of insertion of words "no survivorship" 1 62. Notice to be published before effect given to order 1 63. Certificate to be conclusive evidence of title 1 63A. Certificates may contain statement of easements 1 64. Certificate conclusive evidence as to title to easements 1 65. Short forms etc. for easements, effect of 1 65A. Memorandum of easement 1 66A. No separate certificate for easement 1 67. Certificate conclusive evidence in suit for specific performance or action for damages 1 68. Estate of registered proprietor paramount 1 69. Certain easements and conditions to be noted as encumbrances 1 70. Reversions expectant on leases 1 70A. Factors affecting use and enjoyment of land, notification on title 1 71. Single certificate may be created instead of separate ones 1 71A. Separate certificates may be created instead of single one 1 72. History of dealings to be preserved 1 74A. Substitute certificates of title 1 81. Words of inheritance or succession to be implied 1 Part IIIA — Crown leases 81A. Registration of Crown leases issued on or after 2 May 1910 1 81B. Registration of Crown leases issued before 2 May 1910 1 81C. Effect of registration 1 81D. Registration of transfer etc. 1 81E. No foreclosure without consent of Minister for Lands 1 81F. Entry of forfeiture 1 81G. Crown lessee to be deemed of full age 1 81H. Sections of this Act and land Acts that do not apply to Crown leases 1 81I. Mortgage of Crown lease to be transferred to Crown grant 1 Part IIIB — Registration and recording in relation to Crown land Division 1 — General 81J. Application of this Part 1 81K. Terms used 1 81L. Creation and registration of certificates of Crown land title and qualified certificates of Crown land title 1 81M. Lodging etc. of management orders 1 81N. Crown surveys 1 81O. No duplicate certificates of Crown land title or duplicate qualified certificates of Crown land title to be issued 1 81P. Endorsements on certificates of Crown land title and qualified certificates of Crown land title 1 81Q. Leases and subleases of Crown land, registration of 1 81R. Profits à prendre, registration of 1 81RA. Other encumbrances in respect of fee simple in Crown land 1 81S. Prerequisites to registering dealings as to Crown land 1 81T. Registered proprietors etc. protected against ejectment except in certain cases 1 Division 2 — Transitional 81U. Registrar may accept for registration signed and stamped duplicate original documents 1 81V. Minister for Lands may apply for cancellation, creation etc. of certificates of Crown land title etc. 1 81W. Procedure when applications referred to Commissioner 1 81X. Procedure on lodging of caveat under s. 81W(6) 1 81Y. Registrar's duties when applications made under s. 81V(1)(a) granted 1 81Z. Registrar's duties when applications made under s. 81V(1)(b) granted 1 81ZA. Procedure for registering interests for which no certificate of Crown land title or qualified certificate of Crown land title exists 1 81ZB. Qualified certificates of Crown land title, general matters 1 81ZC. Interests in Crown land not registered within transitional period void as against registered interests in Crown land etc. 1 81ZD. Registrar may convert Crown leases into leases registered under s. 81Q 1 Part IV — Dealings with land Division 1 — Transfers 82. Transfers 1 83. Transfer to include right to sue thereunder 1 84. Transfers may be to proprietor and others jointly etc. 1 85. Signed and registered instruments have efficacy of deeds 1 86. Registration of transfer 1 87. Total transfer by endorsement on paper title or by entering transferee's name on digital title 1 88. Transferee of encumbered land to indemnify transferor 1 88A. Memorial of easements to be registered 1 Division 2 — Leases and subleases 91. Leases 1 92. Covenants by lessee implied in leases 1 93. Lessor's powers implied in leases 1 94. Short forms of covenants by lessees 1 95. Covenant to be implied on transfer of lease 1 96. Recovery of possession by lessors to be entered in Register 1 97. Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of lease and on default lessor may apply 1 98. Surrendering leases 1 99. Lessee may sublet 1 100. Registration of subleases 1 102. Provisions about leases apply to subleases 1 103. Covenants implied in subleases 1 104. Determination of lease or sublease by re‑entry to be entered in Register 1 Division 2A — Carbon rights and carbon covenants 104A. Terms used 1 104B. Registration of carbon right form 1 104C. Extension of carbon right 1 104D. Transfer of carbon right 1 104E. Mortgage of carbon right 1 104F. Surrender of carbon right 1 104G. Registration of carbon covenant form 1 104H. Extension of carbon covenant 1 104I. Variation of carbon covenant 1 104J. Transfer of benefits under carbon covenant 1 104K. Mortgage of carbon covenant 1 104L. Surrender of carbon covenant 1 Division 2B — Tree plantation agreements and plantation interests 104M. Terms used 1 104N. Registration of tree plantation agreement 1 104O. Extension of plantation interest 1 104P. Variation of agreement 1 104Q. Transfer of plantation interests 1 104R. Mortgage of plantation interests 1 104S. Surrender of plantation interests 1 Division 3 — Mortgages and annuities 105. Mortgages and charges for annuities, creating 1 105AA. Mortgages lodged electronically 1 105A. Extension of mortgage, charge or lease 1 106. Mortgage or charge not to operate as transfer; default procedures 1 107. Written demand equivalent to written notice 1 108. Power to sell in cases of continuing default 1 109. Application of purchase money 1 110. Transfer after sale by mortgagee etc., effect of 1 111. Remedies of mortgagee or annuitant in cases of default 1 112. Further remedies of mortgagee or annuitant 1 112A. Abolition of power of distress 1 113. Covenants implied in mortgages 1 114. Mortgagee or annuitant of leasehold entering into possession become liable to lessor 1 115. Short form of covenant by mortgagor to insure 1 116. Rights of mortgagees generally 1 117. Mortgagor not to sue on cause of action available to mortgagee without mortgagee's consent 1 118. Application of money obtained by mortgagor in action for waste of or damage to mortgaged lands 1 119. Mortgagee may seek court order as to money recovered by mortgagor in action 1 120. Application of moneys obtained by mortgagee in action 1 121. Foreclosure, application for order for 1 122. Application for foreclosure to be advertised 1 123. Discharge of mortgages and annuities 1 124. Mortgages etc. made before land brought under this Act 1 125. Entry of satisfaction of annuity 1 126. Payments under and discharge of mortgages when mortgagee absent from State etc. 1 127A. Subsequent mortgages or charges 1 128. Land brought under this Act subject to mortgage, rights of mortgagee etc. 1 128A. Another mortgagee may tender payment 1 Division 3A — Restrictive covenants and the modification, discharge and enforcement of restrictive covenants and easements 129A. Creation of restrictive covenants 1 129B. Discharge and modification of restrictive covenants 1 129BA. Restrictive covenants benefiting local governments and public authorities 1 129BB. Discharge and modification of s. 129BA covenants 1 129C. Supreme Court's powers as to easements etc. 1 Division 4 — Miscellaneous 130. Seal of corporation substitute for signature 1 131. Implied covenants and powers may be modified or negatived 1 133. Property (seizure and sale) order, registration of etc. 1 134. Purchaser from registered proprietor not required to inquire into title and not affected by notice of unregistered interest etc. 1 135. Transferee of tenant in tail may be registered for larger estate which tenant in tail can confer 1 136. Registrar to furnish plan showing land dealt with where memorandum on certificate does not describe the land 1 Part IVA — Creation of easements and restrictive covenants by notations on subdivision plans and diagrams 136A. Term used: plan 1 136B. Application of this Part 1 136C. Notation of easements on subdivision plans 1 136D. Notation of restrictive covenants on subdivision plans 1 136E. Consent of certain persons required to creation of easements and restrictive covenants 1 136F. When easements and restrictive covenants under this Part have effect 1 136G. Easements and restrictive covenants under this Part may be effective for specified term only 1 136H. Easements and restrictive covenants under this Part may both burden and benefit land of same proprietor 1 136I. Recordings in Register 1 136J. Discharge and modification of easements and restrictive covenants under this Part 1 Part V — Caveats 136K. Term used: section 138A caveat; application of this Part 1 137. Lodging caveats for land already under this Act 1 138. Consequences of lodging caveat 1 138A. Caveats to which s. 138B to 138D apply 1 138B. Requiring caveator to seek court order extending s. 138A caveat 1 138C. Supreme Court's powers on application by caveator 1 138D. Restrictions on caveators lodging further s. 138A caveats 1 139. Effect of caveats 1 140. Compensation for caveat lodged without reasonable cause 1 141. Registrar's duties when caveat lodged or lapses 1 141A. Requiring caveators to withdraw caveats or substantiate their claims 1 142. Caveat on behalf of beneficiary under will or settlement does not bar registration in certain cases 1 Part VI — Powers of attorney and attestation of instruments 143. Powers of attorney, creation and filing of 1 144. Powers of attorney, effect of 1 145. Signatures on documents, witnessing requirements 1 Part VII — Search certificates and stay orders 146. Finding out whether proprietor is free to deal with land 1 147. Person issued search certificate under s. 146 entitled to inspect certificate of title 1 148. Person proposing to deal with proprietor may obtain stay of registration for 48 hours if title is clear 1 149. Instrument effecting proposed dealing entitled to priority if lodged within 48 hour stay granted under s. 148 1 150. Other instruments received in the 48 hours to have usual priority if proposed dealing not lodged under s. 149 1 Part VIII — Surveys, plans, parcels and boundaries 151. Crown survey boundaries as marked on ground are true boundaries 1 152. Crown grant or lease conveys land within survey boundaries 1 153. Aliquot parts of Crown section having excess of area 1 153A. Land not in grant etc. but included in certificate due to error in survey may be deemed included in grant etc. 1 154. How boundaries may be proved in absence of survey marks 1 155. Margin of error allowed in description of boundaries 1 156. Commissioner may require special survey of land 1 157. Commissioner may require accuracy of survey to be verified 1 158. Commissioner may disregard minute errors of dimensions 1 159. Excess land may be apportioned between different owners or proprietors 1 160. Commissioner's powers where boundaries unclear in subdivision 1 161. Plan to be made of subdivision proposed under s. 160 1 162. Subdivision proposed under s. 160 to be advertised etc. 1 163. Finalised subdivision, verification and effect of plan of 1 164. Public notice to be given of finalised subdivision and plan 1 165. Expense of survey ordered under s. 160, how paid 1 166. New certificates of title on subdivision of land 1 166A. Subdivisions of Crown land 1 166B. Subsidiary certificates of Crown land title 1 167. Number of allotment on plan of subdivision sufficient description for purposes of dealing 1 167A. Rights of way generally not public ways or thoroughfares 1 168. Abuttals may be used in description of land in certificate 1 169. Objects which may constitute abuttals 1 Part IX — Amendment of certificates and amendment or replacement of graphics 169A. Only Minister for Lands may alter areas, boundaries or positions of parcels of Crown land 1 170. Proprietor may apply for amendment of certificate to make boundaries coincide with land occupied under certificate 1 171. Proprietor may apply to have other certificates amended where inconsistent with description of land in his certificate and occupied by him 1 172. Form of application under s. 170 or 171 1 173. How application under s. 170 or 171 to be dealt with 1 174. Notice of s. 170 or 171 application to be given to owners etc. of adjourning land affected by it 1 175. Notice of s. 170 or 171 application to be published and publicly displayed 1 176. Person opposing s. 170 or 171 application may lodge caveat 1 177. Applications under s. 170, 171 or 20 may be granted although other certificates may be affected 1 178. Certificate of title and relevant graphics may be amended or replaced on granting application 1 Part X — Special powers and duties of the Commissioner and Registrar 180. Commissioner may summons people to provide information 1 181A. Commissioner and Registrar may require supporting documentation or evidence or verification 1 181B. Commissioner and Registrar may require verification by statutory declaration 1 181. Regulations 1 182AA. Prescribed fees may exceed cost recovery 1 182AB. Expiry of s. 182AA 1 182A. Commissioner and Registrar may determine requirements 1 182B. Publication of requirements 1 182. Orders vesting trust estate 1 183. Commissioner may make vesting order in cases of completed purchase 1 184. Encumbrances which no longer affect title, powers to deal with 1 187. Appointment of executor, administrator or Public Trustee, entry on Register and effect 1 188. Powers of Registrar 1 189. Registrar may correct apparent errors in instruments without direction of Commissioner 1 190. Money received by Registrar 1 191. Registrar may demand prescribed fees 1 192A. Registrar entitled to assume that lodging party has certain authorities from other interested parties 1 192B. Registrar may refuse lodgment for non‑compliance with certain requirements 1 192C. Commissioner may refuse to take action if requirements not complied with 1 192D. Registrar may refuse registration, noting or recording for non‑compliance with requirements 1 192E. Notice of non‑compliance under s. 192D 1 192. Defective documents, rejection of 1 193. Power to state case for Supreme Court 1 Part XI — Restrictions on, and recovery of, payments of compensation by State 195. Moneys paid by State under s. 201 may be recovered 1 196. State not liable in certain cases 1 Part XII — Actions and other remedies 198. Officers not to be liable for acts done bona fide 1 199. Registered proprietor protected against ejectment except in certain cases 1 200. Court may direct cancellation of certificate or entry in Register in certain cases 1 201. Compensation of person deprived of land 1 202. Purchasers protected 1 203. Owner may require Commissioner or Registrar to substantiate decision before Supreme Court 1 204. Cost of summons and proceedings under s. 203 to be in discretion of court 1 205. Actions for damages may in some cases be brought against Registrar as nominal defendant 1 206. Actions for damages for loss due to inaccurate survey 1 207. Actions for damages in certain other cases 1 208. Claims for damages may be made to Commissioner before commencing court action 1 209. Notice of action to be served 1 210. Damages etc. awarded to be charged to Consolidated Account 1 211. Limitation of actions 1 212. Rules of Supreme Court to apply and same right of appeal as in ordinary actions 1 213. Obligation to make discovery not excluded 1 Part XIII — Offences 214. Offences 1 214A. Effect of fraud 1 Part XIV — Miscellaneous 219. Person entitled under will etc. may apply to be registered 1 220. Application under s. 219, how dealt with 1 221. Remainder‑man or reversioner may apply to be registered 1 222. Person claiming title under statute of limitations may apply to be registered 1 223. Application under s. 222, how dealt with 1 223A. Caveat against application 1 227. Survivor of joint proprietors may apply to be registered 1 228. Proprietors and transferees for time being to stand in place of previous owners 1 229. Proprietor's name, use of in court action by beneficiary etc. 1 229A. Easement not used or enjoyed for 20 years, removal of 1 229B. Orders made under s. 229A, effect of 1 230. On s. 20 applications, easements not used for 20 years or more may be omitted from certificate 1 231. Buildings on public roads etc. in Perth or Fremantle for 20 years or more 1 232B. Effect of using alternative means to provide consent, permission or approval 1 232. Receipt for documents lodged 1 233. Pending actions etc. not to affect dealings 1 234. Trustees etc. of bankrupts etc. may apply to be registered 1 235. Bankruptcy of proprietor not to affect dealings until s. 234 application or caveat lodged 1 236. Tenant in tail 1 237. Conditions of sale in Twenty‑sixth Schedule, adoption of 1 238. Forms may be modified 1 238A. Registrar's copy to be definitive 1 238B. Resubmission of document lodged electronically if data capture defective 1 239. Inspection of Register and related documents; obtaining copies and print‑outs 1 239B. Evidentiary documents as to current and historical matters 1 240. Service of notices 1 240A. Notification of change of address or way of receiving notices electronically 1 242. Interests disposed of or created by court order etc., registration of 1 243. Registrar may cancel certificate of title when land revested in Crown 1 Part XV — Transitional provisions for Electronic Conveyancing Act 2014 244. Term used: amending Act 1 245. Transitional provision for s. 52(2) 1 246. Transitional provision for s. 105(4) 1 247. Transitional provision for s. 182A (requirements) 1 Part 16 — Transitional provisions for Transfer of Land Amendment Act 2022 248. Transitional provision for duplicate certificates of title 1 249. Transitional provision for service of documents 1 First Schedule — Acts repealed Second Schedule — Application to bring land under Act Third Schedule — Notice to be posted on land Fourth Schedule — Application to be registered as proprietor by possession Ninth Schedule — Creation of rights of carriage‑way Tenth Schedule — Short and long forms of certain easements Twelfth Schedule — Short form of covenants by lessee Sixteenth Schedule — Short form of covenant by mortgagor to insure Nineteenth Schedule — Power of Attorney Twenty‑fourth Schedule — Form of application to amend certificate or amend or replace relevant graphic Twenty‑sixth Schedule — General conditions of sale Twenty‑eighth Schedule — Application to register Crown lease Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Transfer of Land Act 1893 An Act to consolidate the law relating to the simplification of the title to and the dealing with estates in land. Part IA — Preliminary [Heading inserted: No. 19 of 2010 s. 43(2).] 1. Short title This Act may be cited as the Transfer of Land Act 1893. [Section 1 inserted: No. 81 of 1996 s. 4.] 2. Repeals and savings (1) The Acts mentioned in the First Schedule to this Act to the extent to which the same are thereby expressed to be repealed are hereby repealed. (1A) Such repeal shall not affect any appointment (including those of specially licensed surveyors) declaration or any certified statement or list made or any application pending or any registration effected or any notice or certificate given or any memorandum entered or any caveat lodged or any seal prepared or any title estate interest claim right of dower or other right or power of attorney existing or duly acquired under the said Acts or any of them before the commencement of this Act. (2) In all cases where in any Act instrument order decree rule regulation or document whatsoever reference is made to The Transfer of Land Act 1874 or to any Act or provision hereby repealed such reference shall be construed and have effect as if the same reference was made to the corresponding provisions of this Act. [Section 2 amended: No. 19 of 2010 s. 51.] 3. Application of other laws etc. and this Act (1) All laws statutes Acts Ordinances rules regulations and practice whatsoever so far as inconsistent with this Act shall not apply or be deemed to apply to land whether Crown, freehold or leasehold which shall be under the operation of this Act. (2A) If a provision of this Act is inconsistent with a provision of the Electronic Conveyancing Act 2014, the provision of that Act prevails to the extent of the inconsistency. (2) This Act does not — (a) apply to the registration of rights over land in respect of minerals, petroleum, geothermal energy or geothermal energy resources; or (b) prevent or otherwise affect the system of registration under other Acts of mining, petroleum or geothermal energy rights in respect of land whether Crown, freehold or leasehold. (3) In subsection (2) — geothermal energy and geothermal energy resources have the same meanings as they have in the Petroleum and Geothermal Energy Resources Act 1967; mining, petroleum or geothermal energy rights has the same meaning as it has in the Land Administration Act 1997. (4) If a provision of this Act is inconsistent with a provision of the Strata Titles Act 1985 that relates to strata leases, the provision of that Act prevails to the extent of the inconsistency. [Section 3 amended: No. 31 of 1997 s. 88; No. 28 of 2003 s. 129(2); No. 35 of 2007 s. 106; No. 2 of 2014 s. 62; No. 30 of 2018 s. 194.] 4. Terms used; application of Act to Crown land (1) In the construction of this Act except where the subject or context or the other provisions hereof require a different construction — annuitant means the proprietor of an annuity or charge; annuity means a sum of money payable periodically and charged on land under the operation of this Act by an instrument hereunder; approved form, subject to section 81K, means a form approved by the Registrar of Titles; authorised land officer has the meaning given by the Land Administration Act 1997; Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5; carbon covenant, carbon covenant form, carbon right and carbon right form have the same respective meanings as they have in the Carbon Rights Act 2003; certificate of Crown land title means certificate of Crown land title within the meaning of the Land Administration Act 1997; charge means — (a) the instrument creating and charging an annuity; or (b) subject to section 15(10) of the Land Administration Act 1997, a charge referred to in section 15(9)(b) of that Act; conveyancing transaction has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); counterpart has the meaning given in subsection (1CA); Crown land has the same meaning as it has in the Land Administration Act 1997; Crown land lease means lease of Crown land registered under section 81Q; Crown lease means every lease or other holding of Crown lands under the Land Act 1898 1, or any regulation thereby repealed, granted for or extending over a period of 5 years or more; dealing, in relation to Crown land, has the same meaning as it has in the Land Administration Act 1997; digital signature has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); digital title means a certificate of title in a medium in which the data comprising the certificate is stored and retrieved by digital means; digitally sign has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); document means any record of information however recorded, and includes — (a) anything on which there is writing; or (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or (d) a map, plan, drawing or photograph; or (e) any record of information that exists in a digital form and is capable of being reproduced, transmitted, stored and duplicated by electronic means; ELN has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); ELNO has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); encumbrances includes all prior estates interests rights claims and demands which can or may be had made or set up in to upon or in respect of the land, and a dealing that is registered under this Act; endorsed includes anything written, noted or marked, by means approved by the Registrar of Titles, upon or in any document; Examiner of Titles means a person who is an Examiner of Titles under section 8(1); grant means the grant by Her Majesty of land in fee and also includes Crown leases; grantor means the proprietor of land charged with the payment of an annuity; graphic includes — (a) a sketch plan in the possession of the Registrar; (b) a plan or diagram lodged or deposited under this Act; (c) a plan of survey of Crown land, in such medium for the storage and retrieval of information or combination of such media as the Registrar approves; instrument includes — (a) a document for the conveyance, assignment, transfer, lease, sublease, mortgage or charge of freehold land; and (b) a document creating an easement, profit à prendre or restrictive covenant; and (c) a carbon right form, carbon covenant form or tree plantation agreement; and (d) a document for — (i) the transfer, mortgage or charge of a carbon right, carbon covenant, plantation interest or profit à prendre or for any other dealing in relation to a carbon right, carbon covenant, plantation interest or profit à prendre; or (ii) the extension of a carbon right, carbon covenant or plantation interest; or (iii) the variation of a carbon covenant or tree plantation agreement; or (iv) the surrender of a carbon right, carbon covenant or plantation interest; and (e) a document lodged with a plan or diagram under Part IVA for the purpose of creating an easement or restrictive covenant under that Part; and (f) any other document for a dealing in relation to Crown land; interest, in relation to Crown land, has the same meaning as it has in the Land Administration Act 1997; judge means a judge of the Supreme Court of Western Australia; land includes messuages, tenements and hereditaments corporeal or incorporeal in freehold and Crown land; and in every certificate of title certificate of Crown land title and qualified certificate of Crown land title transfer and lease created and registered or issued or made under this Act such word also includes all easements and appurtenances appertaining to the land therein described or reputed to be part thereof or appurtenant thereto; management body has the same meaning as it has in the Land Administration Act 1997; metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4; Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1); ministerial order means an order made by the Minister for Lands under the Land Administration Act 1997; paper title means a certificate of title in a paper medium; participation rules has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); person includes a corporation whether aggregate or sole; plantation interest has the same meaning as it has in the Tree Plantation Agreements Act 2003; profit à prendre, in relation to — (a) Crown land, has the same meaning as it has in the Land Administration Act 1997; or (b) other land, includes profit à prendre referred to in section 34B of the Conservation and Land Management Act 1984 or Part 7 of the Forest Products Act 2000; proprietor means — (a) in relation to freehold land, the owner, whether in possession, remainder, reversion or otherwise, of land or of a lease, mortgage or charge over land; or (aa) in relation to a carbon right, carbon covenant or plantation interest, a person; or (b) in relation to Crown land — (i) the holder of an interest in Crown land; or (ii) a management body empowered under the Land Administration Act 1997 to grant or enter into interests in Crown land or to deal with or create any other right or title of a proprietary nature in Crown land, whose name appears in the Register as the proprietor of that freehold land, lease, mortgage, charge, carbon right, carbon covenant or plantation interest, or the holder of that interest or power, and includes the donee of a power to appoint or dispose of that ownership, interest or power; public authority means — (a) a Minister of the Crown in right of the State; or (b) any State Government department, State trading concern, State instrumentality or State agency; or (c) any public statutory body, whether or not corporate, established under a written law but not including a local government; qualified certificate of Crown land title means qualified certificate of Crown land title within the meaning of the Land Administration Act 1997; qualified valuer means — (a) in relation to a certificate of the value of land that is produced to the Registrar pursuant to a requirement made by him before the expiration of 12 months from the coming into operation of the Land Valuers Licensing Act 1978 2 — (i) a person appointed as a sworn valuator under the provisions of this Act as enacted before the coming into operation of that Act; or (ii) a person who is licensed under that Act; (b) in relation to a certificate of the value of land that is produced to the Registrar pursuant to a requirement made by him after the expiration of 12 months from the coming into operation of the Land Valuers Licensing Act 1978 2 — a person who is licensed under that Act; record includes information stored or recorded by means of a computer; Register means the Register referred to in section 48; relevant graphic, in relation to a certificate of title, means a graphic endorsed on, annexed to, referred to in or otherwise linked or connected to, the certificate of title; reserve has the same meaning as it has in the Land Administration Act 1997; settlement means any document under or by virtue of which any land shall be so limited as to create partial or limited estates or interests; sheriff means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia; sign includes digitally sign; signature includes a digital signature; subscriber has the meaning given in the Electronic Conveyancing Act 2014 section 3(1); symbol means a symbol approved by the Registrar under section 48C; transmission means the acquirement of the ownership of freehold land under the will of the proprietor or by descent or by executors or administrators as such or under any settlement; tree plantation agreement means an agreement as defined in the Tree Plantation Agreements Act 2003. (1a) This Act applies, with such modifications — (a) as are necessary or desirable; or (b) as are prescribed, or both, to Crown land. (1b) Without limiting the generality of subsection (1a), a reference in this Act to — (a) a certificate of title, document of title or muniment of title includes, unless the contrary intention appears, a reference to a certificate of Crown land title or qualified certificate of Crown land title; or (b) a Crown grant includes, unless the contrary intention appears, a reference to a certificate of title created and registered on the registration of a transfer in fee simple of the relevant parcel of Crown land; or (c) land, to freehold land or to land under the operation of this Act includes, unless the contrary intention appears, a reference to Crown land; or (d) the Minister includes, unless the contrary intention appears, a reference to the Minister for Lands; or (e) a person having an estate or interest in land includes, unless the contrary intention appears, a reference to — (i) a person having an interest in Crown land; and (ii) a management body empowered under the Land Administration Act 1997 to grant or enter into interests in Crown land; or (f) the exercise of rights by a proprietor of land to grant leases, licences or mortgages of or over the land includes, unless the contrary intention appears, a reference to the exercise by a management body of corresponding powers conferred on it under section 46(3) or 59(5) of the Land Administration Act 1997. (1CA) For the purposes of this Act, a document is a counterpart in relation to another document if — (a) the documents relate to the same conveyancing transaction; and (b) the documents are in the same terms or substantially the same terms. (1CB) Without limiting subsection (1CA)(b), documents are in substantially the same terms for the purposes of that provision if the documents contain exactly the same data or information apart from all or any of the following — (a) any signature created for or appearing on each document; (b) the details of any attesting witness; (c) the date on which the documents were signed or witnessed; (d) any data or information authorised or required by a taxation Act (as defined in the Taxation Administration Act 2003 Glossary); (e) anything else prescribed by the regulations for the purposes of this subsection. (1c) A word or expression which is defined in the Land Administration Act 1997 has, unless the contrary intention appears or the word or expression is otherwise defined in this Act, the same meaning in this Act as it has in that Act. (2) All land and every estate and interest in land under the operation of The Transfer of Land Act 1874 and all instruments and dealings affecting any such land estate or interest shall from the commencement of this Act be deemed to be under the operation of this Act. (3) In this Act, a reference to a short form in relation to an easement of a type described in column 2 of the Tenth Schedule is a reference to the corresponding short form description of that type of easement set out in column 1 of that Schedule. [Section 4 amended: 2 Edw. VII. No. 10 s. 2 (as amended: No. 17 of 1950 s. 75); No. 54 of 1909 s. 2; No. 17 of 1950 s. 6; No. 56 of 1978 s. 4; No. 126 of 1987 s. 33; No. 81 of 1996 s. 5 and 145(1); No. 31 of 1997 s. 89; No. 34 of 2000 s. 72; No. 59 of 2000 s. 51; No. 6 of 2003 s. 4; No. 56 of 2003 s. 11; No. 59 of 2004 s. 140; No. 38 of 2005 s. 15; No. 60 of 2006 s. 103; No. 21 of 2008 s. 711(2); No. 8 of 2010 s. 28; No. 19 of 2010 s. 38(2); No. 2 of 2014 s. 63; No. 30 of 2018 s. 195; No. 9 of 2022 s. 424; No. 21 of 2022 s. 4.] 4A. Sections of this Act that do not apply to Crown land (1) Subject to subsection (2), this Act applies to Crown land in the same way as it applies to freehold land. (2) Notwithstanding any other provision of this Act, sections 29, 70, 86, 222, 223 and 223A do not apply to Crown land. [Section 4A inserted: No. 31 of 1997 s. 90; amended: No. 21 of 2022 s. 5.] Part I — Officers 5. Commissioner of Titles (1) The Governor may designate a person to be the Commissioner of Titles under this Act. (2) A person cannot be the Commissioner of Titles unless — (a) the person is a member of the Authority's staff; and (b) the person is a lawyer of not less than 7 years' standing and practice. (3) When the Land Information Authority Act 2006 section 104(1) comes into operation the person who, immediately before then, is the Commissioner of Titles becomes the Commissioner of Titles as if designated under subsection (1) for the balance of the person's term of office. [Section 5 inserted: No. 60 of 2006 s. 104; amended: No. 21 of 2008 s. 711(3); No 9 of 2022 s. 424.] 6. Deputy Commissioner of Titles (1) The Governor may designate a person, or each of 2 or more persons, to be a Deputy Commissioner of Titles under this Act. (2) A person cannot be a Deputy Commissioner of Titles unless — (a) the person is a member of the Authority's staff; and (b) the person is a lawyer of not less than 5 years' standing. (2a) When the Land Information Authority Act 2006 section 105(1) comes into operation a person who, immediately before then, is a Deputy Commissioner of Titles becomes a Deputy Commissioner of Titles as if designated under subsection (1) for the balance of the person's term of office. (3) When and as often as the Commissioner is incapacitated by illness, absence or other sufficient cause from performing the duties of the Commissioner, a Deputy Commissioner nominated in writing by the Commissioner is to act as, and in the place of, the Commissioner during the Commissioner's incapacity. (3a) When there is no Commissioner, a Deputy Commissioner nominated in writing by the former Commissioner before ceasing to be the Commissioner is to act as, and in the place of, the Commissioner. (3b) If, in a circumstance described in subsection (3) or (3a), there is no Deputy Commissioner who has been nominated as described in that subsection and is able to act, a Deputy Commissioner nominated in writing by the Minister, is to act as, and in the place of, the Commissioner. (4) A Deputy Commissioner while acting as Commissioner has all the powers of, and shall perform all the duties and functions of, the Commissioner, except the power of delegation conferred by section 15. [(5), (6) deleted] (7) The exercise by a Deputy Commissioner of any power or function pursuant to this section is sufficient evidence of his authority to do so, and no person shall be concerned to inquire as to that authority or be affected by any notice in relation thereto. (8) A Deputy Commissioner is subject in all matters to the direction and control of the Commissioner. [Section 6 inserted: No. 14 of 1972 s. 2; amended: No. 32 of 1994 s. 18; No. 6 of 2003 s. 5; No. 65 of 2003 s. 120(3); No. 60 of 2006 s. 105; No. 21 of 2008 s. 711(4); No. 9 of 2022 s. 424.] 7. Registrar of Titles (1) The Governor may designate a person to be the Registrar of Titles under this Act. (2) A person cannot be the Registrar of Titles unless the person is a member of the Authority's staff. (3) When the Land Information Authority Act 2006 section 106 comes into operation the person who, immediately before then, is the Registrar of Titles becomes the Registrar of Titles as if designated under subsection (1). [Section 7 inserted: No. 60 of 2006 s. 106.] 7A. Offices of Commissioner and Registrar may be held by one person (1) A person qualified to be the Commissioner of Titles may be, and may perform the functions of, both the Commissioner of Titles and the Registrar of Titles. (2) Any act, matter, or thing which is required by this Act to be — (a) referred by the Registrar of Titles to the Commissioner of Titles; or (b) done or proceeded with or granted or refused by the Registrar of Titles by the direction or order or with the consent or approval of the Commissioner of Titles, or after the Commissioner of Titles has been satisfied of any facts, may be dealt with by a person who is both the Registrar of Titles and the Commissioner of Titles without any reference, or on his own initiative or judgment, or pursuant to any order or direction made or given by himself, as in the circumstances of the case may appear to be most convenient. (3) Nothing in this section shall be deemed to extend the powers of any Assistant Registrar. [Section 7A inserted: No. 5 of 1925 s. 2; amended: No. 60 of 2006 s. 107.] 8. Examiner of Titles, Assistant Registrar of Titles (1) The Governor may designate a person, or each of 2 or more persons, to be an Examiner of Titles under this Act. (2) The Governor may designate a person, or each of 2 or more persons, to be an Assistant Registrar of Titles under this Act. (3) A person cannot be an Examiner of Titles or an Assistant Registrar of Titles unless the person is a member of the Authority's staff. (4) A person cannot be an Examiner of Titles unless the person is a lawyer. (5) When the Land Information Authority Act 2006 section 108 comes into operation a person who, immediately before then, is an Assistant Registrar of Titles becomes an Assistant Registrar of Titles as if designated under subsection (2). [Section 8 inserted: No. 60 of 2006 s. 108; amended: No. 21 of 2008 s. 711(5); No. 9 of 2022 s. 424.] 8A. Designating statutory officers, generally (1) This section applies to — (a) the designation of a person under section 5 to be the Commissioner of Titles; and (b) the designation of a person under section 6 to be a Deputy Commissioner of Titles; and (c) the designation of a person under section 7 to be the Registrar of Titles; and (d) the designation of a person under section 8(1) to be an Examiner of Titles; and (e) the designation of a person under section 8(2) to be an Assistant Registrar of Titles. (2) The power to designate a person includes — (a) the power to revoke a designation previously made under that power; and (b) the power to designate a person to perform functions of another person who has that designation when it is impractical for that other person to perform the functions. [Section 8A inserted: No. 60 of 2006 s. 109.] 9. Certain signatures to be judicially noticed (1) All courts judges and persons acting judicially shall take judicial notice of the signature of the Commissioner of Titles (hereinafter called the Commissioner) and of any Deputy Commissioner and of the Registrar of Titles (hereinafter called the Registrar) and of any Assistant Registrar of Titles (hereinafter called an Assistant Registrar) and of any Examiner of Titles. (2) Nothing in this section or section 10 limits the operation of section 55 or 56 of the Evidence Act 1906. (3) Nothing in this section applies to or in relation to a duplicate certificate of title issued before the day on which the Transfer of Land Amendment Act 2022 section 10 comes into operation. [Section 9 amended: No. 14 of 1972 s. 3; No. 31 of 1997 s. 92; No. 6 of 2003 s. 6; No. 21 of 2022 s. 6.] 10. Seal (1) The Registrar shall have a seal which shall be in a form, and applied by means, approved by the Registrar. (2) Certificates of title and other documents purporting to be marked with the seal, other than copies or print‑outs of documents provided under section 239(3), shall be admissible as evidence without further proof. (3) The mark of the seal on any entry or memorandum entered in the Register or on any registered instrument shall be treated by any court or person having by law or by consent of parties authority to receive evidence as conclusive evidence that — (a) the entry or memorandum has been duly entered in the Register; and (b) the instrument, or the instrument to which the entry or memorandum relates, has been duly registered. (4) The mark of the seal on any memorandum referred to in section 54 shall be treated by all courts as conclusive evidence that the memorandum has been duly filed under that section. [Section 10 inserted: No. 81 of 1996 s. 6 3; amended: No. 6 of 2003 s. 7; No. 21 of 2022 s. 7.] 11. Assistant Registrar's powers Everything by this or any other Act appointed or authorised or required to be done or signed or initialled by the Registrar may be done or signed or initialled by any Assistant Registrar; and shall be as valid and effectual as if done or signed or initialled by the Registrar himself, except that an Assistant Registrar cannot exercise the power of delegation given to the Registrar by section 15A. [Section 11 amended: No. 28 of 1969 s. 3; No. 60 of 2006 s. 110; No. 30 of 2018 s. 196.] 12. Commissioner and Examiner of Titles not to practise law The Commissioner shall not nor shall any Examiner of Titles under this Act directly or indirectly engage in legal practice or share in the profits of a person so engaged. [Section 12 amended: No. 21 of 2008 s. 711(6).] 13. Oaths of office Every Registrar and Assistant Registrar shall before executing any duties as the Registrar or an Assistant Registrar take the following oath before a judge: I A.B. do solemnly swear that I will faithfully and to the best of my ability execute and perform the duties of Registrar of Titles [or Assistant Registrar of Titles] under the Transfer of Land Act 1893. So help me God. [Section 13 amended: No. 60 of 2006 s. 111.] 14. Commissioner and Registrar may exercise functions electronically (1) Anything that the Commissioner is required or authorised to do under this Act may be done by the Commissioner by electronic means in any way the Commissioner determines is appropriate. (2) Anything that the Registrar is required or authorised to do under this Act may be done by the Registrar by electronic means in any way the Registrar determines is appropriate. (3) If, in reliance on this section, something is done electronically when it would otherwise be required to have been done, or could have been done, using or with respect to a paper document, the doing of that thing electronically has the same effect as if that thing had been done using or with respect to a paper document. (4) This section applies even though the provision requiring or authorising the Commissioner or Registrar to do something expressly or impliedly requires or authorises the thing to be done by means of a paper document. [Section 14 inserted: No. 2 of 2014 s. 64.] 15. Delegation by Commissioner (1) The Commissioner may delegate any power or duty of the Commissioner under another provision of this Act to — (a) a Deputy Commissioner; (b) an Examiner of Titles; (c) any other member of the Authority's staff who is a lawyer. (2) The delegation must be in writing signed by the Commissioner. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Commissioner to perform a function through an officer or agent. (6) A delegation to a Deputy Commissioner that the Commissioner made before the repeal effected by the Land Information Authority Act 2006 section 105(3) becomes, when section 112 of that Act inserts this section, of the same effect as if the Commissioner had made the delegation under this section. [Section 15 inserted: No. 60 of 2006 s. 112; amended: No. 21 of 2008 s. 711(7); No. 9 of 2022 s. 424.] 15A. Delegation by Registrar (1) The Registrar may delegate any power or duty of the Registrar under another provision of this Act to a member of the Authority's staff. (2) The delegation must be in writing signed by the Registrar. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Registrar to perform a function through an officer or agent. [Section 15A inserted: No. 60 of 2006 s. 112.] 16. Rules relating to surveyors The Minister may from time to time make rules and regulations to be observed by licensed surveyors lawfully entitled to practise under this Act. [Section 16 amended: No. 25 of 1909 s. 29; No. 17 of 1950 s. 8.] 17. Some of Minister for Lands' functions under this Act may be performed by authorised officer (1) A function that the Minister for Lands has under a provision listed in the Table may be performed by a public service officer of the Department, as defined in the Land Administration Act 1997 section 3(1), who is authorised in writing by the Minister for Lands to do so. (2) Nothing in this section limits the ability of the Minister for Lands to otherwise perform a function through an officer or agent. Table s. 70A(1), (2)(b), (3) s. 81D(1)(a) s. 81E s. 81F(1), (2), (3), (4) s. 81L s. 81V(1) s. 81ZA(3) s. 104(2) s. 129BA(2) s. 129BB(1), (2), (3) s. 136J(1), (2), (3) s. 145(2) s. 153A s. 166A(1), (3) s. 166B(1), (3) [Section 17 inserted: No. 8 of 2010 s. 29.] Part II — Bringing land under the Act [18. Deleted: No. 31 of 1997 s. 93(1) 4.] [19. Deleted: No. 31 of 1997 s. 94(1) 5.] 20. Bringing lands alienated in fee before 1 July 1875 under this Act (1) Land alienated in fee by Her Majesty before 1 July 1875 may be brought under the operation of this Act by an application in the form in the Second Schedule. (2) The application may be made by any of the following persons (that is to say) — (a) the person claiming to be the owner of the fee simple either at law or in equity; (b) persons who collectively claim to be the owners of the fee simple either at law or in equity; (c) persons who have the power of appointing or disposing of the fee simple; (d) the person claiming to be the owner of the first estate of freehold provided that the owner of any vested estate of inheritance join in applying to bring the land under the operation of the Act; (e) trustees for sale of the fee simple but if any previous consent to their selling be requisite the persons required to give such consent to consent to the application; (f) the guardian of any infant or the committee of the estate of any lunatic or person of unsound mind unable to govern his estates so however that the application be made on behalf of such infant lunatic or person and the certificate of title be prepared for registration in his name; (g) a tenant for life within the meaning of the Settled Land Act 1892 6, if the application contains a direction that the certificate of title be registered in the names of the trustees of the settlement within the meaning of that Act, and the trustees consent to the application. (3) Despite subsection (2), a mortgagor shall not be entitled to make such application unless the mortgagee shall consent thereto. (4) Despite subsection (2), a mortgagee shall not be entitled to make such application unless in the exercise of his power of sale and unless the certificate of title shall be prepared for registration in the purchaser's name. (5) Despite subsection (2), the attorney of any corporation howsoever and wheresoever incorporated whether already constituted or hereafter to be constituted by a power of attorney under a seal purporting to be the common seal of the corporation giving the power may make such application for and on behalf of the corporation of which he is the attorney and may make the requisite declaration to the best of his knowledge information and belief and may subscribe the application in his own name. [Section 20 amended: No. 17 of 1950 s. 9; No. 81 of 1996 s. 8; No. 6 of 2003 s. 9; No. 19 of 2010 s. 51.] 20A. Evidence and restrictions of requisitions (1) In applications to bring land under the Act the Commissioner may accept as evidence recitals, statements and descriptions of facts, matters and parties in deeds, instruments, Acts of Parliament and statutory declarations, the date shown as that of the execution, signature, passing or making of which precedes that of the application by at least 20 years. (2) In applications to bring land under the Act an applicant shall not be required to negative, except as to the knowledge, information and belief of himself and his agents, the existence of any unregistered conveyances or assurances affecting any part of the land the subject of the application. [Section 20A inserted: No. 17 of 1950 s. 10; amended: No. 19 of 2010 s. 51.] 21. How application to be dealt with when no dealing has been registered The Registrar shall refer such application to the Commissioner for his direction or if there be such an officer then to an Examiner of Titles who shall report on the title and submit the same and the papers to the Commissioner for his direction; and if it shall appear to the Commissioner that no transaction affecting the land has been registered under any general registration Act concerning the registration of deeds relating to or affecting land and if he shall be satisfied as to the title of the applicant he shall direct the Registrar to bring the land under the operation of this Act either forthwith or after advertisement made as hereinafter directed by registering a certificate of title. 22. How application to be dealt with when dealing has been registered (1) If it shall appear to the Commissioner that any such transaction as aforesaid has been registered and that all encumbrances affecting the land (excepting such as are hereinafter mentioned as not requiring special notification) have been released or that the owners thereof have consented to the application or that any encumbrance (not being a mortgage the owner whereof shall not have consented to the application) may be specified in the certificate of title and continue outstanding and if he shall be satisfied with the evidence submitted in support of the title and of such further evidence as he shall call for by requisition the Commissioner shall direct notice of the application to be advertised once at least in the Government Gazette and in one newspaper published in the city of Perth or circulating in the neighbourhood of the land and to be served on any persons named by him; and shall appoint a time not less than 14 days nor more than 12 months from such notice or from the advertisement or the first of such advertisements (if more than one) on or after the expiration of which the Registrar shall unless a caveat shall be lodged forbidding the same bring the land under the operation of this Act. (2) The expenses of all advertisements under this or any other section shall in all cases be paid to the Registrar before the publication thereof. [Section 22 amended: No. 19 of 2010 s. 51.] 23. Notice of application to bring land under this Act and rescission of previous directions on undue delay (1) The Registrar shall under such direction as aforesaid cause notice to be published in such manner as by such direction may be prescribed that application has been made for bringing the land under the operation of this Act and shall serve a copy of the notice on every person whom the Commissioner has directed to be served with such notice, the persons stated in the application to be occupiers of the land, the occupiers and owners of the lands contiguous to the land (unless the land is an entire Crown allotment) and all persons appearing on the Register to have a then subsisting estate or interest in the land. (2) Notwithstanding however any direction heretofore given or which shall hereafter be given by the Commissioner to bring land under the operation either of The Transfer of Land Act 1874, or of this Act he may after sending to the applicant or his agent one month's notice in this behalf rescind such direction and reject the title unless the applicant shall adduce satisfactory proof that he is proceeding without unnecessary delay in removing or complying with the requisitions made on the title. [Section 23 amended: No. 81 of 1996 s. 9; No. 60 of 2006 s. 118(2); No. 19 of 2010 s. 51; No. 21 of 2022 s. 8.] 24. Person claiming title by possession to post notice of application on land On any application to bring land under this Act on a title claimed by possession the applicant shall post on the land the subject of the application or at such place as the Commissioner shall direct a notice in the form in the Third Schedule either accurately describing or necessarily including the land claimed by possession and shall keep the same so posted for not less than 21 days prior to the day limited for entry of caveat; and the Commissioner may refuse to create the certificate until it has been proved to his satisfaction that the requirements of this section have been complied with. [Section 24 amended: No. 81 of 1996 s. 10.] 25. Land to be brought under this Act unless caveat received If before the registration of the certificate the Registrar shall not have received a caveat forbidding the same he shall bring the land under this Act by registering in the name of the applicant or in the name of such person as may have been directed in that behalf a certificate of title, in an approved form, to the land. [Section 25 amended: No. 17 of 1950 s. 11; No. 81 of 1996 s. 11.] 26. Land occupied may be brought under this Act by different description from that in title on special application On any application to bring land under this Act in which the land actually and bona fide occupied by the applicant differs in boundaries area or position from the land described in his muniments of title he may apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his application in addition to the other particulars required by this Act that the land as occupied by him and as to which he applies for a certificate is not correctly described in the muniments of title lodged in support of the application and shall specify to the best of his knowledge and belief the reasons for the discrepancy between the land as occupied and the land as described in the muniments of title. 27. Applications to bring land under this Act or to amend certificate may be granted as to land occupied under but not described in title deeds or certificate On any application to bring land under this Act by a description different from that in the muniments of title or for the amendment of a certificate or for the amendment or replacement of a relevant graphic the Commissioner may grant the same as to the land in the occupation of the applicant if the discrepancy between the land as occupied and as described in the muniments or certificate of title or relevant graphic shall appear to be due to the inaccuracy of any survey or plan or description on the sale of the land by the Crown or on any subsequent dealing therewith or to any discrepancy between the actual measurements or bearings at any time made or marked on the ground and those represented or mentioned in any plan or description. [Section 27 amended: No. 81 of 1996 s. 12; No. 6 of 2003 s. 10.] 28. Title may be given to excess of land occupied under Crown grant over land described in Crown grant If the land included in any application to bring land under this Act or for an amended certificate or for the amendment or replacement of a relevant graphic consist of a Crown town or suburban allotment or country location and it shall be found by survey or otherwise that by reason of erroneous measurements in the original Crown survey the actual dimensions of such section allotment or portion as marked on the ground exceed or fall short of the dimensions given in the Crown grant or certificate of title or relevant graphic of such land the Commissioner may direct the Registrar to create and register a certificate in respect of such land as if the dimensions marked on the ground had been the dimensions given in the Crown grant or certificate of title and to amend or replace, if necessary, any relevant graphic. [Section 28 amended: No. 81 of 1996 s. 13; No. 31 of 1997 s. 95; No. 6 of 2003 s. 11.] 29. Excess of land may be apportioned between different owners or proprietors Where land has been subdivided by the Crown into allotments or portions of equal area and by reason of erroneous measurements in the original Crown survey the area of the section as marked on the ground exceeds the sum of the areas of all the allotments or portions as shown by any plan or description used at the Crown sale or by any grant or certificate of title or on any relevant graphic of any such allotment or portion the total excess of area of the section shall be deemed originally distributable amongst the allotments or portions equally; and if the area of the land included in any application to bring land under this Act or for an amended certificate or for the amendment or replacement of a relevant graphic is in the applicant's possession and was in such applicant's possession or those through whom he claims for over 12 years previous to the application and does not exceed the area obtained by dividing the area of the section as shown on the ground by the number of original allotments or portions the Commissioner may without ascertaining the dimensions of the other allotments or portions and without the consent of the owner or owners thereof direct the Registrar to create and register a certificate in respect of the land included in such application as if the whole of it had been included by metes and bounds in the original grant or certificate of title and to amend or replace, if necessary, any relevant graphic. [Section 29 amended: No. 81 of 1996 s. 14; No. 6 of 2003 s. 12.] 30. Parties interested may lodge caveat (1) Any person claiming any estate or interest in the land described in the advertisement may in person or by agent before the registration of the certificate lodge a caveat with the Registrar in an approved form forbidding the bringing of such land under this Act. (2) Every such caveat shall be signed by the caveator or by his agent and shall particularise the estate or interest claimed. (3) The Registrar may by notice require any person lodging such caveat to support the same by a statutory declaration within 7 days after the service of such notice stating the nature of the title under which the claim is made and also to deliver a perfect abstract of the title to such estate or interest. (4) Unless such declaration be lodged within the time aforesaid the caveat shall lapse. (5) A