Transfer of Land (General) (Amendment) Regulations 1998

i Transfer of Land (General) (Amendment) Regulations 1998 S.R. No. 165/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Regulation 12 revoked 1 6. Searches of general law land 2 7. List of instruments 2 8. New Forms 1 to 9 substituted in Schedule 2 3 Form 1—Application to bring land under the operation of the Transfer of Land Act 1958 3 Form 2—Application to bring land under the operation of the Transfer of Land Act 1958 4 Form 3—Application to bring land under the operation of the Transfer of Land Act 1958 5 Form 4—Notice claiming interest in land in identified folio 6 Form 5—Search of General Law Title 7 Form 6—Application to vary priority of mortgages 8 Form 7—Application for the giving of notice 9 Form 8—Application for deletion of warning relating to the title dimensions 10 Form 9—Caveat against creation of folio/removal of warning 11 9. New Form 64 inserted in Schedule 2 12 Form 64—Request for amendment or alteration of address for service of notice to an interest holder 12 ═══════════════ NOTES 13 -- 1 of 14 -- 1 STATUTORY RULES 1998 S.R. No. 165/1998 Transfer of Land Act 1958 Transfer of Land (General) (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 15 December 1998 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe certain forms for use under the Transfer of Land Act 1958. 2. Authorising provision These Regulations are made under section 120 of the Transfer of Land Act 1958. 3. Commencement These Regulations come into operation on 1 January 1999. 4. Principal Regulations In these Regulations the Transfer of Land (General) Regulations 19941 are called the Principal Regulations. 5. Regulation 12 revoked -- 2 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 2 Regulation 12 of the Principal Regulations is revoked. 6. Searches of general law land In regulation 13 of the Principal Regulations for "Form 8" substitute "Form 5". 7. List of instruments (1) In Schedule 1 to the Principal Regulations for the items relating to section 9, section 10(4), section 11(2), section 12(1), section 26D, section 26E, section 26E(3), section 26F and section 26M of the Act substitute— "14 Application to bring land under the operation of the Act 1 15 Application to bring land under the operation of the Act 2 23 Application to bring land under the operation of the Act 3 26F Notice claiming interest in land in identified folio 4 26J Form of search of general law title 5 26M(3) Application to vary priority of mortgages 6 26N(1) Application for the giving of notice 7 26P(1) Application for deletion of warning relating to title dimensions 8 26R Caveat against creation of folio or removal of warning". 9 (2) In Schedule 1 to the Principal Regulations after the item relating to section 113(6) of the Act insert— "113(6A) Request for amendment or alteration of address for service of notice to an interest holder". 64 -- 3 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 3 8. New Forms 1 to 9 substituted in Schedule 2 In Schedule 2 to the Principal Regulations for Forms 1 to 9 substitute— "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 Land Titles Office 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, legal practitioner or agent) _______________ r. 8 -- 4 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 4 FORM 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 Land Titles Office 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, legal practitioner or agent) _______________ r. 8 -- 5 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 5 FORM 3 Application to bring land under the operation of the Transfer of Land Act 1958 Section 23 Transfer of Land Act 1958 Lodged at the Land Titles Office 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, legal practitioner or agent) _______________ r. 8 -- 6 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 6 FORM 4 Notice claiming interest in land in identified folio Section 26F Transfer of Land Act 1958 Lodged at the Land Titles Office 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, legal practitioner or agent) _______________ r. 8 -- 7 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 7 FORM 5 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. _______________ r. 8 -- 8 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 8 FORM 6 Application to vary priority of mortgages Section 26M(3) Transfer of Land Act 1958 Lodged at the Land Titles Office 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: _______________ r. 8 -- 9 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 9 FORM 7 Application for the giving of notice Section 26N(3) Transfer of Land Act 1958 Lodged at the Land Titles Office by: Name: Phone: Address: 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) Applicant: (full name and address including postcode) Estate or interest of applicant: (state nature of interest in land) Notification: (recorded no.) Interest claimed: (specify the interest in respect of which notice is to be given) Date: Signed: (applicant, legal practitioner or agent) _______________ r. 8 -- 10 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 10 FORM 8 Application for deletion of warning relating to the title dimensions Section 26P(1) Transfer of Land Act 1958 Lodged at the Land Titles Office by: Name: Phone: Address: Ref: Customer Code: The applicant applies under section 26P(1) of the Transfer of Land Act 1958 to have the warning deleted from the folio of the Register for the land. The applicant in accordance with section 26P(4) of the Act also claims the additional land specified (Delete if not applicable). Land: (volume and folio reference) Applicant: (name) Warning: (identify the warning to be deleted) Plan of survey: (name of surveyor and date of survey) Additional land: (if additional land is applied for it should be identified by reference to the plan of survey—if there is no additional land applied for state "not applicable") Date: Signed: (applicant, legal practitioner or agent) _______________ r. 8 -- 11 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 11 FORM 9 Caveat against creation of folio/ removal of warning Section 26R(1) Transfer of Land Act 1958 Lodged at the Land Titles Office by: Name: Phone: Address: Ref: Customer Code: The caveator claims the estate or interest specified in the land and forbids the creation of the folio/removal of the warning (exclude whichever is inapplicable) Land: (volume and folio reference) Caveator: (full name and address including postcode) Estate or interest claimed: Address in Victoria for service of notice: (include postcode) Date: Signed: (caveator, legal practitioner or agent)". r. 8 -- 12 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 12 9. New Form 64 inserted in Schedule 2 After Form 63 in Schedule 2 to the Principal Regulations insert— "FORM 64 Request for amendment or alteration of address for service of notice to an interest holder Section 113(6A) Transfer of Land Act 1958 Lodged at the Land Titles Office by: Name: Phone: Address: Ref: Customer Code: The Registrar is requested to alter the address at which notices may be served to the new address specified. Land Description: (volume and folio reference or sufficient description to identify the land) Person making request: (name) New address: (new address in Victoria for service of notice including postcode) Date: Signed: (applicant, legal practitioner or agent)". ═══════════════ r. 9 -- 13 of 14 -- S.R. No. 165/1998 Transfer of Land (General) (Amendment) Regulations 1998 13 NOTES 1 Reg. 4: S.R. No. 65/1994. Notes -- 14 of 14 --