35Lost certificate of title, folio of the Register, or duplicate registered dealing

35 Lost certificate of title, folio of the Register, or duplicate registered dealing

(1)  [Section 35 Subsection (1) substituted by No. 23 of 2021, s. 43, Applied:01 Jan 2022] If the Recorder –

(a) receives proof to the Recorder’s satisfaction that a certificate of title or duplicate grant has been lost, mislaid or destroyed; and

(b) accepts an application for the issue of a new certificate of title under this subsection –

the Recorder may issue a new certificate of title.

(1A)  [Section 35 Subsection (1A) inserted by No. 23 of 2021, s. 43, Applied:01 Jan 2022] The Recorder may, before issuing a new certificate of title under subsection (1) , require the applicant to give an advertisement, notice, or indemnity, to the satisfaction of the Recorder.

(1B)  [Section 35 Subsection (1B) inserted by No. 23 of 2021, s. 43, Applied:01 Jan 2022] If the Recorder issues a new certificate of title under subsection (1) , the Recorder must record on the relevant folio of the Register that the Recorder has done so pursuant to this section.

(2)  Where a new certificate of title is issued under subsection (1) , the new certificate of title shall be produced to the Recorder whenever production of the certificate of title or duplicate grant is required.

(3)  [Section 35 Subsection (3) amended by No. 23 of 2021, s. 43, Applied:01 Jan 2022] [Section 35 Subsection (3) amended by No. 23 of 2021, s. 43, Applied:01 Jan 2022] If a folio of the Register or registered dealing forming part of the Register is lost or destroyed, or so obliterated as to become illegible, the Recorder may create a substituted folio or dealing from such evidence as is available to the Recorder as to the contents of and entries upon the original, and where the Recorder creates a substituted folio or dealing the Recorder shall record on it that it is a substituted folio or dealing.