138WRegistered proprietor to hold land on trust

138W Registered proprietor to hold land on trust

(1)  Subject to this section, the Limitation Act 1974 applies to the title of a registered proprietor of an estate in registered land in the same manner and to the same extent as that Act applies to the title of a proprietor of land which is not registered land.

(2)  The estate of a registered proprietor of registered land is not extinguished by the Limitation Act 1974 , but where the estate would have been extinguished if the land had not been registered land, the registered proprietor of the estate is taken to hold that estate in trust for the person who, under that Act, would have acquired title to that estate if that land had not been registered land.

(3)  Nothing in subsection (2) affects the estate or interest of any other person in the land which would not have been extinguished by that person's possession if that land had not been registered land.

(4)  [Section 138W Subsection (4) amended by No. 23 of 2021, s. 113, Applied:01 Jan 2022] [Section 138W Subsection (4) amended by No. 23 of 2021, s. 113, Applied:01 Jan 2022] A person who claims that the registered proprietor of an estate in registered land holds that estate in trust for the person under subsection (2) may apply to the Recorder in an approved form for an order vesting in the person the legal estate which the person would have acquired if the land had not been registered land.

(5)  [Section 138W Subsection (5) amended by No. 23 of 2021, s. 113, Applied:01 Jan 2022] The right of a person to apply under subsection (4) is not affected during the period of the person’s possession of the land by –

(a) the bringing of the land in respect of which that person applies under this Part or the repealed Act; or

(b) the making of a vesting order in respect of the land under –

(i) section 138D of this Act or ; or