112Recording of highways

112 Recording of highways

(1)  Where a highway exists across registered land and is not recorded on the folio of the Register evidencing title to that land or in the plan or other description of the land in that folio, the highway authority charged with the control or maintenance of the highway may obtain a recording of the highway in accordance with this section.

(2)  [Section 112 Subsection (2) amended by No. 23 of 2021, s. 93, Applied:01 Jan 2022] The highway authority may tender a consent to the recording of a highway to the registered proprietor of the land across which the highway exists which, if the registered proprietor signs it, operates as a deed made between the registered proprietor, the highway authority, and the Recorder, and may lodge it with the Recorder, who shall make such recording on the relevant folio of the Register, or in the plan or other description of the land in that folio, as the Recorder shall deem appropriate to show the existence of the highway.

(3)  *[Section 112 Subsection (3) amended by No. 21 of 1996, s. 19 ]*A consent under subsection (2) shall be in an approved form.

(4)  [Section 112 Subsection (4) amended by No. 23 of 2021, s. 93, Applied:01 Jan 2022] If the registered proprietor referred to in subsection (2) refuses to sign the consent referred to in that subsection when tendered, the highway authority may apply by originating summons to a judge in chambers for a declaration that the highway exists as shown in the consent tendered and for an order that the registered proprietor produce the registered proprietor’s grant, or certificate of title, to the Recorder for amendment accordingly.

(5)  [Section 112 Subsection (5) amended by No. 23 of 2021, s. 93, Applied:01 Jan 2022] Unless the registered proprietor referred to in subsection (2) satisfies the judge that the registered proprietor would have a good defence to an action to establish the existence of the whole or some part of the highway, as shown in the consent tendered, the judge shall make the declaration and order sought, but shall not award the highway authority any costs where the summons is undefended.

(6)  If the registered proprietor satisfies the judge in accordance with , the judge shall direct the trial of an issue to determine the existence of so much of the highway as is in dispute, and on the trial of that issue the Supreme Court may make an appropriate declaration and order.