114Achievement of purposes

114 Achievement of purposes

(1)  After notification has been given under section 113 (2) , the purposes for which the plan is approved are to be achieved in the following manner only:

(a) any assurance that may be necessary to achieve those purposes is to be lodged with the Recorder of Titles so that a period of not more than one week elapses between the dates of lodgment of the first and last assurances;

(b) the Recorder of Titles must refuse to register any assurance that is lodged otherwise than in accordance with paragraph (a) ;

(c) an assurance is to be a memorandum of transfer as if the land assured were under the provisions of the Land Titles Act 1980 even though the land may not be under those provisions;

(d) on registration, the assurance is as valid as if it had been executed and lodged after the land assured had been brought under the provisions of the Land Titles Act 1980 ;

(e) subject to subsections (2) and (3) , if all the transfers necessary to achieve all the purposes for which the plan is to be approved have been lodged and are in order for registration, the Recorder of Titles is to –

(i) accept the plan; and

(ii) bring under the provisions of the Land Titles Act 1980 all the lands comprised in the plan that are not alreadyunder those provisions; and

(iii) register the transfers; and

(iv) create the folios of the Register for minimum lots that are necessary to achieve the purposes for which the plan was approved.

(2)  If a plan is approved for the purposes of adding one block to another or others –

(a) a transfer of the one to the owner of the other or others is not in order for registration until not more than one of the blocks that are to be added together to form one whole is subject to a mortgage or encumbrance; and