46Folio of the Register void in certain cases

46 Folio of the Register void in certain cases

Any folio of the Register –

(a) [Section 46 Amended by No. 36 of 2012, s. 15, Applied:13 Nov 2012] created upon the first bringing of land under this Act or of the repealed Act other than a folio created upon the registration of a grant or transfer from the Crown under section 10 ; or

(b) [Section 46 Amended by No. 36 of 2012, s. 15, Applied:13 Nov 2012] which names an applicant under section 138W(4) as proprietor pursuant to a vesting order made under section 138X ; or

(c) [Section 46 Amended by No. 36 of 2012, s. 15, Applied:13 Nov 2012] which names an applicant under section 138D as proprietor pursuant to that section –

and every folio or new edition of a folio created in respect of the same land, or any part of the land, which names as proprietor of the land any person claiming or deriving title under or through the applicant proprietor, shall be void as against the title of any person adversely in actual occupation of, and rightfully entitled to, that land, or any part of that land, at the time when that land was so brought under this Act or the repealed Act , or the applicant was so registered as proprietor, and continuing in that occupation at the time of any subsequent folio or new edition of a folio being created in respect of the land.