New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 28MC

28MC Application for cancellation of caution accompanied by search

(1) This section applies in respect of a caution recorded on a qualified folio of the Register under section 28J (1) including a caution with a notation under section 28J (1A) but excluding a caution with a notation under section 28J (1B).

(2) The registered proprietor of land comprised in a qualified folio on which a caution in respect of which this section applies is noted may, at any time, apply to the Registrar-General in the approved form for cancellation of the caution recorded in the folio.

(3) The Registrar-General may cancel the caution if:

(a) the application is accompanied by an office copy of a certificate of the result of a search relating to the land under section 197 of the Conveyancing Act 1919 and any other evidence that the Registrar-General may request, and

(a1) the Registrar-General has had regard to a survey report and an identification survey relating to the land that have been prepared by a registered surveyor, and

(b) the Registrar-General is satisfied that all estates and interests in the land are held free from any subsisting interests, other than those referred to in section 28MG, and

(c) the boundaries of the land, in the opinion of the Registrar-General, are adequately defined without further survey definition.

(4) For the purposes only of enabling a search to be carried out under section 197 of the Conveyancing Act 1919 in relation to an application under this section, land comprised in a qualified folio is taken not to be land subject to the provisions of this Act.