12How application dealt with

12 How application dealt with

(1)  The Recorder may –

(a) [Section 12 Subsection (1) amended by No. 23 of 2021, s. 25, Applied:01 Jan 2022] do or require to be done such things as will, in the opinion of the Recorder, justify the Recorder in bringing the land to which an application under section 11 relates under this Act; and

(b) subject to sections 13 and 14 , bring the land under this Act by creating a folio of the Register for the land.

(2)  [Section 12 Subsection (2) amended by No. 23 of 2021, s. 25, Applied:01 Jan 2022] In considering an application under section 11 in respect of land unalienated in fee from the Crown, the Recorder shall be guided by equity and good conscience and by the best evidence that can or may be procured, even though it is not such as the Recorder might require in other cases.

(3)  [Section 12 Subsection (3) amended by No. 23 of 2021, s. 25, Applied:01 Jan 2022] Where, on considering an application under section 11 , the Recorder is of the opinion that the applicant's title is open to objection but is nevertheless a title the holding under which will not be disturbed, the Recorder may bring the land under this Act with a title other than a qualified title.

(4)  [Section 12 Subsection (4) amended by No. 23 of 2021, s. 25, Applied:01 Jan 2022] Where an application under section 11 by a person claiming a life estate in possession directs that the person entitled to a vested estate in expectancy in the land shall be registered as proprietor of the estate in expectancy, the Recorder may refuse to bring the land to which the application relates under this Act unless the Recorder approves the title to the life estate and the vested estate in expectancy, and brings all the vested estates in the land under this Act.