23Title to units and common property

23 Title to units and common property (1) On the registration of the units plan, other than a units plan relating to a completed stage or completed stages of a condominium development: (a) the person who was the proprietor of the parcel becomes possessed of an estate in fee simple in each unit; and (b) the corporation becomes possessed of an estate in fee simple in the common property. (1A) On the registration of the units plan relating to a completed stage or completed stages of a condominium development or estate development: (a) the person who was, immediately before that registration, the proprietor of that part of the parcel comprised in the completed stage or completed stages becomes possessed of an estate in fee simple in each unit, other than a unit which was, immediately before that registration, held for an estate in fee simple by another person; (b) a person, if any, who was the proprietor of a unit in the condominium development or estate development immediately before that registration continues to be possessed of an estate in fee simple in that unit subject to the same mortgages and easements to which it was then subject or which were then appurtenant to it; (c) the corporation becomes possessed of an estate in fee simple in the common property; and (d) in the case of a condominium development, the developer, as defined in section 26A, becomes possessed of an estate in fee simple in the balance, if any, of the parcel in the condominium development. (1B) On the registration of a units plan of subdivision creating common property, the corporation becomes possessed of an estate or

Unit Titles Act 1975 21 interest evidenced by the certificate as to title comprising the land the subject of the units plan of subdivision freed and discharged from all mortgages, charges, writs and caveats affecting that land immediately before the registration of that plan. (1C) On the registration of a notice of conversion, the corporation becomes possessed of the estate or interest in any unit converted into common property evidenced by the certificate as to title comprising the land the subject of the notice. (2) Subject to subsections (1A) and (1B), the estate of which a person or the corporation, as the case may be, becomes possessed under this section: (a) is subject to any mortgage referred to in section 8 of the Real Property (Unit Titles) Act 1975; and (b) is subject to, and has appurtenant to it, the easements created by section 25 of this Act, and any easement referred to in section 8 of that Act.