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LAND TITLE ACT 1994 - SECT 108A
Requirements for part of a lot
108A Requirements for part of a lot
(1) If, under section 108 , the registrar proposes to register the applicant
as owner of only a part (the
"relevant part" ) of the lot (the
"relevant lot" ), the registrar may require the applicant to lodge a
plan of subdivision for the relevant lot, subdividing the relevant lot into
the following lots— (a) a lot made up of the relevant part;
(b) a lot made
up of the remainder of the relevant lot.
(2) The applicant may sign the
plan of subdivision as if the applicant were the registered owner of the
relevant lot.
(3) However— (a) the plan of subdivision must comply with
section 50 ; and
(b) despite the outcome of the applicant’s application as
an adverse possessor, the registrar can not proceed under section 108 to
register the applicant as owner of the relevant part if section 50 can not be
complied with.
(4) The registrar may require that the giving of public notice
under section 18 (3) and the giving of written notice under section 103 (1) be
delayed until the applicant satisfies the registrar that the applicant will be
able to lodge a plan of subdivision complying with section 50 .
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