101Recovery of land

101 Recovery of land

(1)  If the registered proprietor named in a qualified title under the Land Titles Act 1980 , suffers judgment for the recovery of the land by a person with a better title and in consequence a lot ceases to have the qualities of a minimum lot, the council may purchase or take the land recoverable or recovered under the judgment and re-establish the title of the registered proprietor as provided in subsection (2) .

(2)  The council is to –

(a) purchase or take the estate of the successful plaintiff and any other estate or interest required by the Recorder of Titles to be gotten in before the Recorder cancels the caution recorded on the qualified title; and

(b) lodge with the Recorder all muniments of title to the estate and interest so purchased or taken by it together with a request under its common seal that the Recorder re-establish the title of the registered proprietor.

(3)  The Recorder of Titles, if satisfied that the requests have been complied with, is to cancel the caution on the qualified title.

(4)  The council's costs and expenses of, and incidental to, the acquisition and the other matters referred to in subsection (2) are a charge on the whole of the lot concerned.