Real Property Act 1900 No 25
82 No notice of trusts to be recorded in Register
(1) Except as provided by section 12 (1) (f) the Registrar-General
shall not record in the Register any notice of trusts whether express,
implied, or constructive.
(2) Trusts may be declared by any instrument, which instrument may
include as well lands under the provisions of this Act as land which is not
under the provisions thereof: Provided that the description of the several
parcels of lands contained in such instrument shall sufficiently distinguish
the land which is under the provisions of this Act from the land which is not
under the provisions thereof, and a duplicate or an attested copy of such
instrument may be deposited with the Registrar-General for safe custody and
reference but shall not be registered.
(3) When any such instrument or duplicate or attested copy thereof is
so lodged, the Registrar-General shall forthwith record in the Register a
caveat forbidding the registration of any instrument not in accordance with
the trusts and provisions therein declared and contained so far as concerns
the land affected by such instrument.