138XPower of Recorder to make vesting order

138X Power of Recorder to make vesting order

(1)  Subject to section 138W , the Recorder may make an order vesting in the applicant under this Division the legal estate which the applicant would have acquired, if the land had not been registered land, free from –

(a) all estates and interests recorded on the folio of the Register or registered dealing evidencing title to the land which would have been determined or extinguished by the applicant's possession of the land; and

(b) any mortgage or encumbrance which could be discharged under section 91 if evidence satisfactory to the Recorder is produced; and

(c) any registered easement or profit à prendre which –

(i) is not an easement or profit à prendre created by a plan sealed under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; or

(ii) has been proved to the Recorder's satisfaction to have been abandoned –

but subject to any restrictive covenant notified on that folio or registered dealing.

(2)  [Section 138X Subsection (2) amended by No. 36 of 2012, s. 44, Applied:13 Nov 2012] For the purposes of subsection (1) , the Recorder may treat evidence of failure to use an easement or a profit à prendre for a period of not less than 20 years as conclusive evidence that the easement or profit à prendre has been abandoned.

(3)  On making a vesting order under this section, the Recorder –

(a) [Section 138X Subsection (3) amended by No. 23 of 2021, s. 114, Applied:01 Jan 2022] must make such recordings, cancellations and corrections in the Register as the Recorder considers necessary to give effect to the vesting order and to register the person in whom the order vests the land as proprietor of the land; and

(b) may call in any certificates of title and grants for making those recordings, cancellations and corrections.