Clause 43

The Registrar may issue a replacement certificate of title to replace any certificate of title which has been lost or destroyed or which is being improperly or wrongfully withheld.

Every replacement certificate of title shall be an exact copy of the relevant folio except that only subsisting instruments and entries shall be shown on the folio, and shall be as valid as the certificate which is lost, destroyed or withheld, and shall be usable for any purpose for which that certificate might have been used.

Application for a replacement certificate of title may be made by the proprietor of the land comprised therein, or by any person claiming through him, and shall be supported by evidence of the loss or destruction and, in the case of loss, by such evidence of search for the certificate as the Registrar may require.

The Registrar, before issuing a replacement certificate of title, may give 14 days’ notice of his intention to do so in one or more daily newspapers.

The Registrar shall enter in the relevant folio a notification of the issue of any replacement certificate of title and that notification shall operate to cancel the lost or withheld certificate for all purposes notwithstanding the fact that the certificate may subsequently be recovered.