26PRemoval of warning relating to title dimensions

26P Removal of warning relating to title dimensions S. 26P(1) amended by No. 42/2017 s. 10(1). (1) The registered proprietor of the land in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule may apply to the Registrar in the approved form to have the warning deleted from the folio. (2) An application under subsection (1) must be lodged with a plan of survey of the land (with an abstract of field records) certified by a licensed surveyor. (3) If the Registrar is satisfied that the land in the plan of survey represents the land actually and bona fide occupied by the applicant and purporting to be so occupied under the provisional folio, the Registrar may delete the warning from the folio and make any necessary amendments to the Register. (4) This section does not prevent an applicant under subsection (1) from including in the application by separate definition in the plan of survey lodged with the application such additional land as the applicant claims by possession or otherwise. (5) If an application includes additional land in accordance with subsection (4), the Registrar must cause notice of the proposed creation of the folio to be given in accordance with section 26Q. (6) In addition to the requirements of sections 26Q and 26R, the provisions of this Act relating to the granting of vesting orders by the Registrar as are appropriate to land which is, and land which is not under the operation of this Act, apply to the land included in the application. (7) This section does not limit section 106(e). (8) Section 102 applies to an application under this section as if it referred to an application under this section instead of an application to bring land under this Act. S. 26Q inserted by No. 85/1998 s. 6.