REAL PROPERTY ACT 1900 - SECT 28E
Qualified folio may be created upon investigation by Registrar-General
REAL PROPERTY ACT 1900 - SECT 28E
Qualified folio may be created upon investigation by Registrar-General
28E Qualified folio may be created upon investigation by Registrar-General
(1) The Registrar-General may cause notice to be given to any person (in this
subsection referred to as
"the addressee" ) requiring the addressee, after making such inquiries as are
necessary to enable the addressee to do so, within a time specified in the
notice--
(a) to furnish to the Registrar-General a statement supplying the
particulars required by the notice in respect of land under common law title
specified in the notice, being land the boundaries of which, in the opinion of
the Registrar-General, are adequately defined without further survey
definition,
(b) to indicate in that statement whether the addressee claims a
proprietary interest in the land,
(c) where the addressee so claims a
proprietary interest by virtue of an assurance or other disposition or by
devolution in law--
(i) to indicate the nature of that interest, and
(ii)
where the Registrar-General so requires, to include in the statement a list
setting out in chronological order particulars of all instruments that
evidence title to the interest claimed and of the existence of which
the addressee is aware and to indicate in that list which of those instruments
are in the addressee's possession or under the addressee's control,
(d) where
the addressee so claims a proprietary interest by the operation of any statute
of limitations, to furnish to the Registrar-General such evidence in support
of that claim as the addressee possesses, and
(e) to produce to the
Registrar-General such instruments, being instruments referred to in paragraph
(c) (ii) that are in the possession of the addressee or under the addressee's
control, as the Registrar-General may require.
(2) Where a notice has been
given under subsection (1) the Registrar-General may, in accordance with the
provisions of this Part, create a qualified folio of the Register for any land
specified in the notice.
(3) Any person who wilfully refuses or neglects to
comply with any requirement of a notice given to the person under subsection
(1) or who makes any statement pursuant to such a notice that, to the person's
knowledge, is false or misleading in a material particular shall be guilty of
an indictable offence and shall be liable therefor to the penalty or
punishment provided by section 141 (1).