(2) Subject to this section, a primary application may be made
by--
(a) a person claiming to be the person in whom is vested an estate in fee
simple either at law or in equity in the land to which the application
relates,
(b) a person claiming, in the land to which the application relates,
an estate in possession, or in reversion, or in remainder, or a leasehold for
a life or for lives or a leasehold having a term of not less than twenty-five
years current at the time of making the application, or
(c) a person having
the power to appoint an estate or interest referred to in paragraph (a) or (b)
in the land to which the application relates, if the person obtains the
consent of any other person whose consent to the exercise of the power is
required and directs that the object of the power be named as proprietor in
the folio of the Register to be created for that land.
(3) A primary
application may not be made--
(a) by a person who has contracted to purchase
the land to which the application relates, unless--
(i) the vendor consents in
writing to the application, or
(ii) the whole of the purchase money has been
paid to the vendor or the vendor's authorised agent,
(b) by a person claiming
to be entitled to a share of or interest in the land to which the application
relates, unless the person entitled to the other share or shares or to any
other interest or interests joins in the application for the purpose of
bringing the entirety thereof under the provisions of this Act,
(c) by a
mortgagor of the land to which the application relates, unless the mortgagee
joins in or consents to the application,
(d) by a mortgagee of the land to
which the application relates, unless--
(i) the mortgagor joins in or consents
to the application, or
(ii) the Registrar-General is satisfied that the
mortgagor is in default under the terms of the mortgage,
(d1) where the land
to which the application relates is subject to a covenant charge, unless the
covenant chargee consents to the application, or
(e) by an execution debtor
named in a writ that has been registered in the Register of Causes, Writs and
Orders affecting land, unless the execution creditor consents to the
application.
(4) A primary application shall be in the approved form and
shall be accompanied by such evidence and documents of title as the
Registrar-General may require.
(5) Subject to subsection (7), an easement or
profit à prendre expressly created as appurtenant to land the subject
of a primary application or to land under the provisions of this Act may be
the subject of, or may be included in, a primary application.
(6) Where an
easement or profit à prendre is, pursuant to a primary application,
brought under the provisions of this Act, the Registrar-General shall make any
necessary recordings in the Register.
(7) No folio of the Register shall be
created for an easement or profit à prendre alone.
(8) In this
section,
"land not subject to the provisions of this Act" shall be deemed to include
land comprised in a qualified folio of the Register, and an application for
the creation of an ordinary folio of the Register in respect of any such land
may be made--
(a) by the registered proprietor of the land,
(b) by any other
person referred to in subsection (2), or
(c) where a mortgage or charge is
recorded in the qualified folio of the Register, by the mortgagee or chargee
thereunder.
(9) An application under subsection (8) may be made and dealt
with in accordance with the provisions of this Part subject to such
modifications as to the Registrar-General may seem appropriate.
(10) Without
prejudice to the operation of subsection (9), an application made under
subsection (8) in respect of land comprised in a qualified folio of the
Register shall, where that folio is a limited folio, be accompanied by--
(a) a
plan of survey complying with the regulations or the lodgment rules and
adequately defining the boundaries of the land, and
(b) such evidence as the
Registrar-General may require relating to any adverse possession of the whole
or any part of the land.
(11) The Registrar-General may, pursuant to an
application under subsection (8)--
(a) cancel the qualified folio of the
Register for the land and create an ordinary folio of the Register for the
land, or
(b) cancel the caution recorded under section 28J (1) in the
qualified folio and any recording made therein under section 28T (4).
