148. Subdivision of registered land
Feedback & supportExcept as provided in this section, the Registrar shall not register any instrument affecting part of the land in a folio of the land-register until he is satisfied that —
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
the authority for the time being charged with the duty of controlling or supervising the subdivision of the land has certified that the lawful requirements of that authority relating to subdivision have been complied with; and
the boundaries and dimensions of part of the land in a folio of the land-register shown in the plan annexed to any instrument are in accordance with the final boundaries and dimensions shown in the plan lodged with and approved by the Chief Surveyor.
Notwithstanding subsection (1)(b), the Registrar may register any instrument affecting part of the land in a folio of the land-register, but in that case the land-register shall not be conclusive as to the boundaries or dimensions of the land thereby affected until a plan of the part has been approved by the Chief Surveyor.
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;
Where the Registrar has created a new folio of the land-register pursuant to a registration which is not conclusive as to boundaries or dimensions, he shall endorse thereon a prominent caution to that effect, and he shall cancel that caution when he becomes satisfied that the boundaries and dimensions to which it relates accord with those shown on a plan lodged with and approved by the Chief Surveyor.
The assurance fund is not liable for any claim based on inaccuracy of the boundaries and dimensions shown on a folio of the land-register which bears a caution as in subsection (3) provided.
assurance fund
“assurance fund” means the assurance fund constituted under section 134;
Nothing in this section prevents the entry of a caveat, nor the registration of —
an easement;
a mortgage or charge;
a lease for a term of less than 7 years which cannot, by the exercise of an option of renewal, be prolonged for a period exceeding 7 years; or
any other instrument or class of instruments which may from time to time be prescribed.[144