31Persons to produce deeds

31 Persons to produce deeds

(1)  [Section 31 Subsection (1) amended by No. 23 of 2021, s. 39, Applied:01 Jan 2022] Where, by any provision of this Part, a proprietor is required to produce to the Recorder instruments constituting, or in any way affecting, the proprietor’s title, a mortgagee or other person who holds those instruments shall, upon being requested to do so by the proprietor, at the cost of the proprietor, produce those instruments to the Recorder.

(2)  [Section 31 Subsection (2) amended by No. 23 of 2021, s. 39, Applied:01 Jan 2022] The Supreme Court may, on the application of the Recorder or of a person who is required by any provision of this Part to produce it to the Recorder, order any specified person who has in the person’s possession or under the person’s control an instrument evidencing title to land to which that person claims title, within such time as may be limited by the order, to produce and leave that instrument at the office of the Recorder, upon such terms and subject to such conditions as to costs or otherwise as the Court considers necessary.

(3)  Production of instruments to the Recorder under subsection (1) does not affect a lien which the person producing the instruments may have, and an order made under subsection (2) may preserve a lien.

(4)  [Section 31 Subsection (4) substituted by No. 23 of 2021, s. 39, Applied:01 Jan 2022] A person producing instruments to the Recorder under subsection (1) may do so subject to the condition that, upon the bringing under this Act of the land, or any part of the land, to which the instruments relate, the Recorder must create for that land a folio of the Register.

(5)  [Section 31 Subsection (5) inserted by No. 23 of 2021, s. 39, Applied:01 Jan 2022] An order made under subsection (2) may contain a similar condition to the condition referred to in subsection (4) .