Section 38

any subsisting exceptions, reservations, covenants, and conditions, contained or implied in the Crown grant, State grant, Crown lease or State lease thereof;

any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any statutory easement implied under section 87;

any statutory obligation as defined in section 125;

the power to correct errors conferred on the Registrar by section 142;

the power to rectify the land-register conferred upon the Court by section 143;

the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, provided that the term of the tenancy when created did not exceed 3 years and could not have been extended by exercise of an option of renewal to exceed in the aggregate 3 years; and

the power conferred on the Court to make a declaration in respect of any transfer or an order to rectify the land-register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any relating instrument by section 24 of the Residential Property Act [Cap. 274] in respect of any residential property (the expressions “transfer” and “residential property” being within the meaning of that Act).

to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or his agent was a party, or in which he or his agent colluded;

to enforce against a proprietor any contract to which that proprietor was a party;

to enforce against a proprietor who is a trustee the provisions of the trust;

to recover from a proprietor land acquired by him from a person under a legal disability which was known to the proprietor at the time of dealing; or

to recover from a proprietor land which has been unlawfully acquired by him in purported exercise of a statutory power or authority.