South Australian Consolidated Acts

REAL PROPERTY ACT 1886 - SECT 223LDA

223LDA—Application may deal with statutory encumbrances

Despite any other statutory provision to the contrary, the Registrar-General may treat an application under this Part as if it included an application for the variation or termination of a statutory encumbrance if—

            (a)         the application or the plan of division specifies that variation or termination of a statutory encumbrance is to be registered or noted; and

            (b)         the application is accompanied by—

                  (i)         a certificate signed by or on behalf of the holder of the statutory encumbrance certifying that the requirements of the Act under which the encumbrance was entered into, or is in force, as to the variation or termination of the statutory encumbrance (if any) have been complied with; and

                  (ii)         such other documentary material in relation to the statutory encumbrance as the Registrar-General may require.