Western Australian Consolidated Acts

STRATA TITLES ACT 1985 - SECT 8C

8C .         Effect of registration of plan of re-subdivision

        (1)         Upon registration, a plan of re-subdivision shall be deemed to be part of the strata/survey-strata plan as previously registered, and the Registrar of Titles shall amend the strata/survey-strata plan and the schedule of unit entitlement in the manner prescribed.

        (2)         Upon registration of a plan of re-subdivision every lot of the strata/survey-strata plan as previously registered that —

            (a)         is enlarged under the plan of re-subdivision by the addition of part of a lot or common property of the strata/survey-strata plan as previously registered; or

            (b)         is diminished under the plan of re-subdivision,

                is by operation of law subject to any encumbrance registered or caveat lodged with the Registrar of Titles against the first-mentioned lot and every such encumbrance or caveat is deemed to be amended accordingly.

        (3)         Upon registration of a plan of re-subdivision —

            (a)         every lot or part lot of the strata/survey-strata plan as previously registered that is common property under the plan of re-subdivision by operation of law vests in the proprietors to be held by them as tenants in common in shares proportional to the unit entitlements of their respective lots; and

            (b)         the share of a proprietor in common property vested in the proprietors pursuant to the amended schedule of unit entitlement by operation of law is subject to any encumbrance registered or caveat lodged with the Registrar of Titles against his lot and every such encumbrance or caveat is deemed to be amended accordingly.

        [Section 8C inserted by No. 58 of 1995 s. 14.]