REAL PROPERTY ACT 1900 - SECT 17
Creation of folio for land that is the subject of a primary application
REAL PROPERTY ACT 1900 - SECT 17
Creation of folio for land that is the subject of a primary application
17 Creation of folio for land that is the subject of a primary application
(1) Where the Registrar-General intends to create a folio of the Register for
land that is the subject of a primary application and, pursuant to section 12
(1) (h1) or 12 (1A), notice is given of that intention, that notice must
specify a period (being not less than one month after the date of the notice)
before the expiration of which that folio will not be created.
(2) Subject to
subsection (3), the Registrar-General may bring land, the subject of a primary
application, under the provisions of this Act by creating for the land a folio
of the Register in which--
(a) the primary applicant,
(b) where the primary
applicant has directed that a person other than the primary applicant be
recorded as the registered proprietor of the land--that person, or
(c) where,
in the opinion of the Registrar-General, a person not referred to in paragraph
(a) or (b) is entitled to the land--that person,
is recorded as the registered
proprietor of the land.
(3) The Registrar-General shall not create a folio of
the Register under subsection (2) for land if--
(a) the Registrar-General has
given notice of intention to create the folio and the period specified in the
notice pursuant to subsection (1) has not expired, or
(b) there is in force
under section 74B a caveat prohibiting the bringing of the land, or any part
of the land, under the provisions of this Act.
