44Issuing of certificates as to title

44 Issuing of certificates as to title (1) If any of the following ask, in the prescribed form, for the Registrar- General to issue a certificate containing the indefeasible title for a lot, the Registrar-General may, subject to subsection (2), issue the certificate: (a) the registered owner of the lot; (b) a legal practitioner acting for the registered owner of the lot; (c) a conveyancing agent acting for the registered owner of the lot. (2) If the lot is subject to a registered mortgage, the Registrar-General may issue a certificate under subsection (1) only if: (a) for a lot subject to one registered mortgage – the mortgagee consents to the issue of the certificate; or (b) for a lot subject to more than one registered mortgage – the first registered mortgagee consents to the issue of the certificate. Land Title Act 2000 29 (3) Also, if an instrument has been lodged to register an interest in the lot, the Registrar-General may refuse to issue the certificate as to title until the instrument has been registered. (4) The Registrar-General may issue a certificate as to title noted by him or her as being qualified as to boundaries if he or she is not satisfied that the description of the lot to which it relates accurately identifies the boundaries of the lot. (5) The certificate as to title: (a) is to be in the prescribed form; and (b) subject to a direction from the Minister or to another Act – is to contain a diagram describing the parcel of land to which the certificate relates. (6) The Registrar-General may give the certificate as to title to the registered owner: (a) by posting it to the owner or to someone else specified in the request, at the address specified in the request; or (b) by personally giving it to the owner or someone else specified in the request. (7) The Registrar-General must give the certificate as to title to the person stated in the owner's request.