22Subsisting estates and interests to be recorded on qualified title

22 Subsisting estates and interests to be recorded on qualified title

(1)  [Section 22 Subsection (1) amended by No. 23 of 2021, s. 34, Applied:01 Jan 2022] When bringing land under this Act with qualified title, the Recorder shall record on the relevant folio of the Register any subsisting estate or interest then apparent to the Recorder, but shall not be concerned to make searches or inquiries as to the existence of any such interest.

(2)  The Recorder may, at any time after the creation of a qualified title –

(a) if a general caution is recorded on the qualified title, record on that qualified title any additional subsisting estate or interest in the land comprised in the title; or

(b) if a particular caution is recorded on the qualified title, record on that qualified title any additional subsisting estate or interest the existence or probable or possible existence of which is indicated in the relevant Recorder's minute –

and, in either case, in such a manner as to preserve the priority that the additional estate or interest would have had if it had been recorded on the relevant folio of the Register when the land was first brought under this Act.