17. Issue of qualified certificate of title prior to completion of survey for unregistered land
Feedback & supportNotwithstanding section 15(1), where the Registrar of Deeds has accepted a conveyance for registration under the Registration of Deeds Act but has not endorsed on the conveyance the certificate required by section 8(2) of that Act, the Registrar of Deeds, upon being satisfied that the requirements of that Act have been complied with, other than the requirement in section 14(1)(c) of that Act (dealing with survey) may forward the original conveyance to the Registrar who may elect to bring the land comprised therein under the provisions of this Act by issuing a qualified certificate of title.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
Where the Registrar elects not to issue a qualified certificate of title, he shall return the conveyance to the Registrar of Deeds.
Where a qualified certificate of title is issued under this section —
the Registrar shall return the conveyance to the Registrar of Deeds endorsed with a certificate of the Registrar that the land comprised therein has been brought under the provisions of this Act but the Registrar of Deeds shall not complete registration of the conveyance until the survey mentioned in section 14(1)(c) of the Registration of Deeds Act [Cap. 269] has been completed; and
the Registrar shall deliver the duplicate certificate of title issued to the person who, but for this Act, would have been entitled to the custody of the conveyance.
A qualified certificate of title issued pursuant to this section is not conclusive as to the boundaries or dimensions of the land therein comprised, and section 148, mutatis mutandis, applies thereto.[14
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;