24Qualified title may be cancelled or corrected in certain circumstances

24 Qualified title may be cancelled or corrected in certain circumstances

(1)  [Section 24 Subsection (1) substituted by No. 23 of 2021, s. 35, Applied:01 Jan 2022] If, on application made to the Recorder for that purpose, it appears to the Recorder that the proprietor of an estate or interest in the land comprised in a qualified title has suffered judgment for the recovery of the land or a declaration, injunction, or other judgment destructive of that proprietor's estate or interest wholly or in part, the Recorder –

(a) must cancel or correct the folio of the Register relating to that land; and

(b) must call in and cancel or correct the corresponding certificate of title, if any, as the circumstances may require.

(2)  [Section 24 Subsection (2) amended by No. 23 of 2021, s. 35, Applied:01 Jan 2022] [Section 24 Subsection (2) amended by No. 23 of 2021, s. 35, Applied:01 Jan 2022] Subject to subsection (3) , a person who claims an estate of freehold in the whole or any part of the land comprised in a qualified title of which some other person is the registered proprietor may apply to have the land brought under this Act as if that qualified title had not been created, and the Recorder, if satisfied of the grounds of the applicant’s claim, shall –

(a) correct the folio of the Register; or

(b) cancel the folio of the Register constituting the qualified title and create a folio of the Register in the name of the applicant –

and shall call in the certificate of title, if any, corresponding to the corrected or cancelled folio of the Register and correct or cancel it as the circumstances require.

(3)  [Section 24 Subsection (3) amended by No. 23 of 2021, s. 35, Applied:01 Jan 2022] Where a particular caution is recorded on a folio of the Register, a person may apply under subsection (2) only if the person claims an estate or interest the existence or probable or possible existence of which is indicated in the Recorder's minute or arising from a defect in title indicated in the minute.