21Qualified title

21 Qualified title

(1)  Land may be brought under this Act with a qualified title where –

(a) an applicant under section 11  –

(i) [Section 21 Subsection (1) amended by No. 23 of 2021, s. 33, Applied:01 Jan 2022] fails to satisfy the Recorder that the applicant is entitled to the estate that the applicant claims;

(ii) [Section 21 Subsection (1) amended by No. 23 of 2021, s. 33, Applied:01 Jan 2022] fails to do or prove to the Recorder's satisfaction such things or matters as the Recorder may have required the applicant to do or prove in order to justify the bringing of the land under this Act; or

(iii) requests the Recorder to register a qualified title;

(b) the proprietor of land to which section 17 applies or a person to whom the Recorder has given notice under section 19 requests the Recorder to register a qualified title;

(c) the Recorder is doubtful whether the title of any person to whom any provision of Division 3 of this Part applies is a title the holding under which will not be disturbed; or

(d) under any Act the Recorder is directed or empowered to register a qualified title.

(2)  Where land is brought under this Act with a qualified title a caution shall be recorded on the folio of the Register for that land and may be –

(a) [Section 21 Subsection (2) amended by No. 23 of 2021, s. 33, Applied:01 Jan 2022] a general caution, that is to say, a caution that the registered proprietor holds the registered proprietor’s estate subject to all estates and interests in the land created before the land was brought under this Act; or

(b) [Section 21 Subsection (2) amended by No. 23 of 2021, s. 33, Applied:01 Jan 2022] a particular caution, that is to say, a caution that the registered proprietor holds the registered proprietor’s estate subject to any defect in title or the estate or interest of any person the existence or probable or possible existence of which is indicated in a minute signed by the Recorder and filed in the office of the Recorder.