LAND LEGISLATION.

Otago Witness, Issue 1917, 17 August 1888, Page 10

LAND LEGISLATION.

The Land Transfer Act Amendment Bill introduced by the Government, which has passed through all its stages in the Legislative Council and has been transmitted to the House of Representatives for its concurrence, involves no new principle, but simply amends certain details of the Act of 1885. The Attorney-general, in moving the second reading, explained the general purport very clearly. Some years ago Crown grants used, he said, to be issued, -and the practice was that these were taken to the registry office and the title there inserted in bhe land transfer registers. Inconsequence of the really unnecessary expense involved to the Government .and .individuals, a warrant by the Governor was substituted. A question has, however, been raised as to the effect of this wan-ant, and this is set at rest by the interpretation clause of the Bill, which defines a " warrant " to- mean and include every warrant "heretofore or here- " after issued under thehand of the Governor " for the issue of a certificate of title " instead of a Crown grant under the pro- " visions of ' The Land Transfer Act 1885,' "or of any Act thereby repealed." There has further been a question whether the right to reserve a road was in the same way applicable to a land transfer title as under a Crown grant. The Bill declares that the reservation in any warrant is to have exactly the same effect as if reserved in a Crown grant, and that the said reservation is not in any degree to vitiate the title. Another point dealt with is the case of an owner selling part of the land for which he holds a land transfer certificate. Difficulties have arisen as to giving a title for the remainder of the land which he still holds, and much expense has been involved. The Bill proposes that when a person has sold a portion of the land his certificate of title should, at the discretion of the Registrar, remain good for the balance that remains. Another question under the Act has been as to what fund should bear the cost of any survey authorised by the Surveyor-general for correction of any land transfer plan or certificate. The Bill provides that ifc shall be paid by the Assurance Fund upon the certificate of that officer. Under the Public Works Act the Surveyor- general has power to enter on private lands for the purpose of making a survey where necessary, but it has been doubted whether, under the law as it stands, he has a similar right when a survey has to be made under the Land Transfer Act. The Bill specifically gives the requisite authority. A very important amendment is proposed in regard to section 96 of the Land Transfer Act, so much of that section as gives a mortgagee power to distrain and sell the goods of the mortgagor being absolutely repealed. Subsequently to the second reading of the Bill a clause was added to the effect that no lease or agreement for a lease for less than three years any land or estate or interest in land under the Land Transfer Acb is to be void "by reason of any thing in " the said Act contained. Provided that as " against a registered proprietor without " notice any such lease or agreement " made or entered into after the coming " into operation of this Act 6hall be " valid so long only as actual possession "of the land shall go therewith." The Bill, ifc may be noted, gives specific power to the Surveyor-general, " subject to the approval "of the Governor " (i.e., the Minister of Lands) to revoke either absolutely or temporarily, the license of any surveyor licensed under the Land Transfer Act, " upon tho " ground of negligence, incompetence, or " misconduct on the part of such surveyor." Any person whose license is so cancelled, ifc is declared, "shall cease to be a licensedsur- " veyor from and after the day when a noti- " fixation of such cancellation is gazetted."