23Application for creation of provisional folio

23 Application for creation of provisional folio (1) An entitled person may apply under this section to the Registrar to have land brought under this Act by the creation of a provisional folio. (2) An application cannot be made under this section if the entitled person could lodge a specified dealing in respect of the land under section 22. S. 23(3) amended by No. 42/2017 s. 10(1). (3) An application must be in the approved form. (4) Except as provided in subsection (5), the applicant must lodge with the application— (a) if there has been a dealing in the land by the applicant the deed, instrument or document that comprises the dealing; and (b) if the person's entitlement to deal with the land arises from a conveyance or mortgage, the last deed or other instrument which indicates that person's entitlement to deal with the land; and (c) if the person's entitlement to deal with the land arises from an assignment of possessory interests, evidence to the satisfaction of the Registrar of the person's entitlement to deal with the land; and (d) a search of title relating to the land. (5) If the application relates to the vesting in fee simple of land in any person or body by order of a court or by or under an Act, the applicant must lodge with the application such information as the Registrar reasonably requires for the creation of the folio. (6) An applicant may withdraw the application at any time before the creation of a folio of the Register. (7) On the withdrawal of the application, the Registrar must return to that person or to the person appearing to be entitled to them the documents lodged under subsection (2). S. 24 substituted by No. 85/1998 s. 6.