(2) Where the
Registrar-General intends to grant a possessory application and, pursuant to
section 12 (1) (h) or 12 (1A), gives notice of that intention the
Registrar-General shall, in the notice, specify a period (being not less than
1 month after the date of the notice) before the expiration of which the
application will not be granted.
(3) A possessory application shall be
granted by recording the applicant in the Register as the proprietor of an
estate or interest in the whole parcel of land the subject of the application,
being the estate or interest applied for or such lesser estate or interest as
the Registrar-General considers appropriate, free from all estates and
interests recorded in the Register that would have been extinguished as
referred to in section 45D (1) (b) other than--
(a) interests referred to in
subsection (4), and
(b) interests to which the application has been made
subject pursuant to section 45D (4).
(4) Where, immediately before the grant
of a possessory application--
(a) any easement or profit à prendre was
appurtenant to, or covenant benefited, the land the subject of the application
or any part thereof or the land the subject of the application was burdened by
an easement, profit à prendre or covenant, or
(b) the land the subject
of the application or any part thereof, or the registered proprietor of that
land, was subject to any condition or other provision (not being an easement
or covenant),
the easement, profit à prendre, covenant, condition or
other provision continues to have the same force and effect in relation to the
estate or interest acquired by the possessory applicant as it would have had
if the possessory applicant had acquired that estate or interest by a
transfer.
(5) Without affecting the generality of subsection (4), the grant
of a possessory application has, for the purposes of sections 51 and 52, the
same effect as the registration of a transfer to the applicant.
(6) The
Registrar-General may make such recordings in the Register, and take such
other action, as the Registrar-General considers necessary or proper as a
consequence of the grant of a possessory application.
(7) In this section
"covenant" means a restriction, arising under covenant or otherwise, as to the
user of land.
