28MCApplication for cancellation of caution accompanied by search

#### 28MC Application for cancellation of caution accompanied by search 28MC Application for cancellation of caution accompanied by search > > (1) This section applies in respect of a caution recorded on a qualified folio of the Register under section 28J (1) including a caution with a notation under section 28J (1A) but excluding a caution with a notation under section 28J (1B). > > > (2) The registered proprietor of land comprised in a qualified folio on which a caution in respect of which this section applies is noted may, at any time, apply to the Registrar-General in the approved form for cancellation of the caution recorded in the folio. > > > (3) The Registrar-General may cancel the caution if— > > > > > (a) the application is accompanied by an office copy of a certificate of the result of a search relating to the land under section 197 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) and any other evidence that the Registrar-General may request, and > > > > > (a1) the Registrar-General has had regard to a survey report and an identification survey relating to the land that have been prepared by a registered surveyor, and > > > > > (b) the Registrar-General is satisfied that all estates and interests in the land are held free from any subsisting interests, other than those referred to in section 28MG, and > > > > > (c) the boundaries of the land, in the opinion of the Registrar-General, are adequately defined without further survey definition. > > > (4) For the purposes only of enabling a search to be carried out under section 197 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) in relation to an application under this section, land comprised in a qualified folio is taken not to be land subject to the provisions of this Act. > > **s 28MC:** Ins 1996 No 87, Sch 1 \[10\]. Am 2005 No 68, Sch 1 \[2\] \[3\].