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    1. [AUS-Tas] memorial indentures
    2. Mike
    3. Patricia, Not one concept but two different terms - Memorial = copy of an original legal document, in particular for registration\lodging with the Registrar of Deeds. The documents (conveyances, leases, wills, etc) filed in the Deeds Office are all copies - the originals were retained by the owner of land or the mortgagor (solicitor or bank). Indenture = reference to an actual signed and sealed legal document (eg an "Indenture between Samuel Clements, Cambridge and Mary Anne Turvey, Hobart Town re farm or grant of 30 acres of land ...", meaning an agreement between the parties for transfer or lease) Crown leases were (are?) often granted for 99 years, in effect for perpetuity, as the parties were not expected to survive that long. But, of course someone would have to deal with the situation sometime in the future (best example - Hong Kong was a 99 year lease from China to the UK) A caveat only applies to land under the Land Titles Act and therefore could not exist prior to transfer to private ownership. Caveats could be applied to the new title, but only after transfer, only by someone with a "caveatable interest", and usually only for a limited time (the Recorder of Titles applies the caveat and therefore has the power to review and remove it). A covenant would be a more likely way to apply a restriction on the use of land, and would remain on the title permanently. Earliest churches in Tasmania were built by the Colonial Government, on land provided by the Government, using labour and materials provided by the Government. This was because the Church of England and Ireland was the "Established Church", supported and controlled to some extent by the British Government. I am not sure, but I think the construction of churches also extended to some of the Catholic and Non-Conformist churches as well. -- Mike Hurburgh Using Opera's mail client: http://www.opera.com/mail/ --- This email has been checked for viruses by AVG. https://www.avg.com

    05/30/2018 08:29:03
    1. [AUS-Tas] Re: memorial indentures
    2. Patricia Hobman
    3. Thank you, Mike, for your information. We have a number of documents that state either, Memorial Indenture or just Indenture. We also have tow documents that transfer title of Crown Land to the Church "for ever". It is difficult, from a lay person's point of view, to understand the intricacies of these documents. It might be time to get the legal profession involved, I think. Regards, Patricia *Pat Hobman* *[email protected] <[email protected]>* *" Be kind to one another, tenderhearted, forgiving one another, as God in Christ forgave you." Ephesians 4:32* On 31 May 2018 at 12:29, Mike <[email protected]> wrote: > Patricia, > > Not one concept but two different terms - > > Memorial = copy of an original legal document, in particular for > registration\lodging with the Registrar of Deeds. The documents > (conveyances, leases, wills, etc) filed in the Deeds Office are all copies > - the originals were retained by the owner of land or the mortgagor > (solicitor or bank). > > Indenture = reference to an actual signed and sealed legal document (eg an > "Indenture between Samuel Clements, Cambridge and Mary Anne Turvey, Hobart > Town re farm or grant of 30 acres of land ...", meaning an agreement > between the parties for transfer or lease) > > Crown leases were (are?) often granted for 99 years, in effect for > perpetuity, as the parties were not expected to survive that long. But, of > course someone would have to deal with the situation sometime in the future > (best example - Hong Kong was a 99 year lease from China to the UK) > > A caveat only applies to land under the Land Titles Act and therefore > could not exist prior to transfer to private ownership. Caveats could be > applied to the new title, but only after transfer, only by someone with a > "caveatable interest", and usually only for a limited time (the Recorder of > Titles applies the caveat and therefore has the power to review and remove > it). A covenant would be a more likely way to apply a restriction on the > use of land, and would remain on the title permanently. > > Earliest churches in Tasmania were built by the Colonial Government, on > land provided by the Government, using labour and materials provided by the > Government. This was because the Church of England and Ireland was the > "Established Church", supported and controlled to some extent by the > British Government. I am not sure, but I think the construction of > churches also extended to some of the Catholic and Non-Conformist churches > as well. > > -- > > > Mike Hurburgh > > > Using Opera's mail client: http://www.opera.com/mail/ > > --- > This email has been checked for viruses by AVG. > https://www.avg.com > >

    06/05/2018 02:16:22