19. Cautions
Feedback & supportUpon the issue of a qualified certificate of title the Registrar shall endorse on the relevant folio of the land-register a caution warning persons dealing with the proprietor that the land therein comprised is held subject to any interest which affected it at the date of issue of the qualified certificate of title, and so long as the caution remains on the folio the land shall be so held.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
In favour of any purchaser from the proprietor, a caution lapses at the expiration of 5 years from the date of issue of the qualified certificate of title, and the purchaser may request the Registrar to enter on the folio of the land-register a notification of the lapsing.
purchaser
“purchaser” means a person who in good faith and for valuable consideration acquires an interest in land, and includes a mortgagee, chargee and lessee;
When the lapsing of a caution has been notified on the folio of the land-register, the certificate of title ceases to be qualified, and the land therein comprised is thenceforth held subject only to such interests as are registered or notified on the folio of the land-register and to such interests as are otherwise excepted by section 38.
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;
Any person deprived of land by the operation of subsection (3) does not by reason of that deprivation have any claim against the assurance fund.
assurance fund
“assurance fund” means the assurance fund constituted under section 134;
The proprietor of land comprised in a qualified certificate of title may at any time apply to the Registrar for cancellation of the caution endorsed thereon, and upon proof to his satisfaction that there are no outstanding interests which are not notified on the folio of the land-register the Registrar shall enter thereon a notification cancelling the caution.
For the purposes of section 138, the person upon whose application a caution is cancelled shall be deemed to be the person upon whose application the land was brought under the provisions of this Act.[16