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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT OF LAND TITLES REGISTRY

Part III INITIAL REGISTRATION OF TITLES

Division 1 — Bringing land under the Act on alienation

Division 2 — Applications and schemes to bring land under this Act

Division 3 — Qualified titles and caveats

Part IV REGISTRATION

Part V EFFECT OF REGISTRATION

Division 1 — Indefeasibility and priority

Division 2 — No title by adverse possession

Part VI INSTRUMENTS

Part VII TRANSFERS

Part VIII MORTGAGES AND CHARGES

Division I — Mortgages of registered land

Division 2 — Common law mortgages notified on on land-register

Part IX LEASES

Part X EASEMENTS

Part XI TRANSMISSIONS

Part XII CAVEATS

Part XIII WRITS AND ORDERS OF COURT

Part XIV RESTRICTIVE COVENANTS

Part XV STATUTORY ACQUISITION AND SALE

Part XVI POWERS OF ATTORNEY

Part XVII CIVIL RIGHTS AND REMEDIES

Part XVIII SEARCHES AND CERTIFIED COPIES

Part XIX MISCELLANEOUS

THE SCHEDULE Part i

Legislative History

Comparative Table

 
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On 28/07/2014, you requested the version in force on 28/07/2014 incorporating all amendments published on or before 28/07/2014. The closest version currently available is that of 28/03/2013.
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PART XVIII
SEARCHES AND CERTIFIED COPIES
Searches by public
161.
—(1)  Subject to this section, any person may, upon payment of the prescribed fee, have access to the land-register for the purpose of inspection and search on such days and during such hours and subject to such conditions as may be prescribed.
(2)  Subject to subsection (3), a search made shall not extend to original instruments except those evidencing the current proprietorship and subsisting encumbrances.
(3)  Where instruments and related documents have been microfilmed or imaged by the Registrar, any person making a search shall not be permitted to inspect at the Registry the original instruments forming part of the land-register or filed with the Registrar but shall apply for a microprint or a print-out of such instruments.
[10/2003]
(4)  A search shall extend only to such electronic instruments as the Registrar may determine.
[10/2003]
Official searches
162.
—(1)  Any person may apply in the approved form for an official search in the land-register to be made on his behalf.
(2)  Upon receipt of such an application, the Registrar shall cause a diligent search to be made, and shall issue a certificate of the result of that search to the person requiring it.
(3)  Any purchaser for whom or on whose behalf an official search is obtained, and who suffers loss or damage by reason of any error in, or omission from, that official search, may recover compensation from the assurance fund.
(4)  A solicitor for whom or on whose behalf an official search has been obtained is not answerable for any loss or damage which may arise from any error in, or omission from, that official search.
(5)  An official search shall be sent by registered post, or delivered manually or by facsimile transmission to the applicant as he may require.
Priority affected by final official searches
163.
—(1)  The Registrar may issue a final official search to any person who wishes to close the land-register, and who satisfies the Registrar (whether by production of an acknowledgment from the proprietor or otherwise) that he is a purchaser of the land in respect of which the search is required.
(2)  The Registrar shall make an entry in the land-register of the day and hour of posting, facsimile transmission or manual delivery of a final official search.
(3)  Upon an entry made under subsection (2), no instrument affecting the land to which the search relates (other than an instrument in favour of the applicant) which is lodged for registration within the period of 7 days next ensuing upon the entry shall be registered or notified until the expiration of that period, or until the registration of an instrument in favour of the applicant, whichever is the earlier.
(4)  Upon the expiration of that period of 7 days, or upon registration of the instrument in favour of the applicant (whichever is the earlier), instruments affecting the land to which the final official search relates shall be registered or notified in the manner directed by section 37.
(5)  A person who has obtained a final official search is not entitled to obtain any further final official search relating to the same land until the expiration of 8 days from the time of posting, facsimile transmission or delivery of the final official search.
Certified copies: Value as evidence
164.
—(1)  Subject to subsection (4), the Registrar, upon payment of the prescribed fee, shall furnish to any person applying for it a certified copy of any instrument registered under the provisions of this Act, or which is in his custody and is the subject of a notification on the land-register.
[10/2003]
(2)  Every such certified copy signed by the Registrar and sealed with his seal shall be received in evidence in any court, or before any person having by law or by consent of parties authority to receive evidence, as prima facie proof of all the matters contained in or entered on the original instrument.
(3)  A print-out of any information (other than computer folios) stored in a computer in the Land Titles Registry issued by the Registrar and bearing a facsimile of the Registrar’s seal shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, as prima facie proof of all the matters contained in or entered on any instrument filed in the Land Titles Registry.
(4)  Subsection (1) shall apply only to such electronic instruments as the Registrar may determine.
[10/2003]