17Creation of folio for land that is the subject of a primary application

17 Creation of folio for land that is the subject of a primary application

17 Creation of folio for land that is the subject of a primary application

(1) Where the Registrar-General intends to create a folio of the Register for land that is the subject of a primary application and, pursuant to section 12 (1) (h1) or 12 (1A), notice is given of that intention, that notice must specify a period (being not less than one month after the date of the notice) before the expiration of which that folio will not be created.

(2) Subject to subsection (3), the Registrar-General may bring land, the subject of a primary application, under the provisions of this Act by creating for the land a folio of the Register in which—

(a) the primary applicant,

(b) where the primary applicant has directed that a person other than the primary applicant be recorded as the registered proprietor of the land—that person, or

(c) where, in the opinion of the Registrar-General, a person not referred to in paragraph (a) or (b) is entitled to the land—that person,

is recorded as the registered proprietor of the land.

(3) The Registrar-General shall not create a folio of the Register under subsection (2) for land if—

(a) the Registrar-General has given notice of intention to create the folio and the period specified in the notice pursuant to subsection (1) has not expired, or

(b) there is in force under section 74B a caveat prohibiting the bringing of the land, or any part of the land, under the provisions of this Act.

(4) (Repealed)

s 17: Am 1921 No 3, sec 3. Subst 1970 No 23, sec 6 (d); 1976 No 96, Sch 4 (6). Am 1979 No 164, Sch 5 (2); 1986 No 167, Sch 2 (3); 1997 No 55, Sch 1.18 [1].