Property Law Regulation 2013


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Property Law Regulation 2013

1Short title

This regulation may be cited as the Property Law Regulation 2013 .

2Fees

The fees payable under the Act are stated in schedule 1.

3Prescribed mortgages—Act, s 85

(1)For section 85 of the Act, a mortgage is a prescribed mortgage if it is a mortgage over residential land and the mortgagor’s home is on the land.
(2)For subsection (1)—
(a)it does not matter that a residence is also used for a business purpose if the residence is primarily used as the mortgagor’s home; and
(b)the residence does not stop being the mortgagor’s home only because the mortgagor stopped using the residence as the mortgagor’s home—
(i)when the default occurred; or
(ii)within 6 months before the default occurred.
(3)In this section—
default means the default that gives rise to the power of sale mentioned in section 83 of the Act.
home, of a mortgagor, means a residence that is occupied by the mortgagor as the mortgagor’s principal place of residence.
residence means a building, or part of a building, that is—
(a)fixed to land; and
(b)designed, or approved by a local government, for human habitation by a single family unit; and
(c)used for residential purposes.
residential land means land, or the part of land, on which a residence is built, and includes the curtilage attributable to the residence if the curtilage is used for residential purposes.

4Repeal

The Property Law Regulation 2003, SL No. 183 is repealed.

Schedule 1 Fees

section 2

$

1

Lodging in the land registry any of the following for registration under part 18, division 3 of the Act—

(a)  an agreement in writing, deed, conveyance or other instrument, other than a lease for less than 3 years, affecting an estate in land;

(b)  a will or devise affecting an estate in land;

(c)  another instrument, record or document

67.60

2

Copy of a document registered under part 18, division 3 of the Act that is—

(a)  an uncertified copy

33.30

(b)  a certified copy

66.50

sch 1 sub 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 82; 2016 SL No. 85 s 84