10Transfers to be used instead of grant deeds

10 Transfers to be used instead of grant deeds

(1)  *[Section 10 Subsection (1) amended by No. 21 of 1996, s. 19 ]*Except as provided in subsection (3) , land of the Crown that is not under this Act shall not be granted by letters patent but shall be granted by transfer in an approved form as if it had already been brought under this Act.

(2)  The Recorder, upon receiving a transfer under subsection (1) , shall create a folio of the Register for the land comprised in the transfer, and upon a folio being created the transfer shall be deemed to be duly registered, and duly enrolled of record.

(3)  When the Crown grants an easement to be appurtenant only to land that is not registered land, the grant shall be effected by letters patent as if this section had not been enacted.

(4)  Where an easement is granted by letters patent in pursuance of subsection (3) , the letters patent shall be registered under the Registration of Deeds Act 1935 as an instrument and delivered to the grantee.

(5)  On the registration of letters patent as provided in subsection (4) , the letters patent shall be deemed to have been duly enrolled of record.