26Application of this Act to land in qualified title

26 Application of this Act to land in qualified title

The provisions of this Act apply in respect of land comprised in a qualified title in like manner as if that qualified title were a title to the land comprised in a folio of the Register upon which no caution is recorded except that –

(a) if a general caution is recorded on the qualified title and the caution has not lapsed, the land comprised in the title is subject to every estate and interest in the land created before the date on which the land was brought under this Act or the repealed Act ; and

(b) if a particular caution is recorded on the qualified title and the caution has not lapsed, the land comprised in the title is subject to any defect in title or any estate or interest of any person the existence or probable or possible existence of which is indicated in the Recorder's minute.