12. Application of section 8 where land surrendered to Crown but no grant or lease has been issued
Feedback & supportWhere at the commencement of this Act, land has been surrendered to the Crown for subdivision, pursuant to section 13 of the State Lands Act [Cap. 314], but no fresh grant or lease has yet been issued, section 8 applies, subject to the following provisions:
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
upon the issue of a certificate of title pursuant to section 8, the Registrar shall endorse on the relevant folio of the land-register a notification of any mortgage or other encumbrance to which the land is subject and of which he has notice at the time of issue of the certificate of title;
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
notice of any such subsisting mortgage or encumbrance shall be given in writing to the Registrar by any person claiming an interest in that mortgage or encumbrance, and the Registrar shall not be deemed to have notice of the mortgage or encumbrance unless so notified;
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
where the mortgagee under a mortgage notified pursuant to paragraph (b) has sold the land or part thereof in exercise of his power of sale, the Registrar may on application of the purchaser or his successors in title register the applicant as the proprietor of the land.[9