43. Applications for possessory titles: How dealt with
Feedback & supportAn application for a possessory title pursuant to section 42 shall be made in the prescribed form and shall be accompanied by such plan of survey and other evidence as the Registrar may require.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
The Registrar may refer any application to an Examiner of Titles or to such other legally qualified person as the Registrar thinks fit, and, having regard to the provisions of the Limitation Act and to the evidence of possession lodged in support of the applicant’s claim, the Examiner of Titles or other person shall advise the Registrar whether or not in his opinion a certificate of title should be issued, and what notices, advertisements, or other publicity should be given to the application.
If the Registrar is satisfied that a title by adverse possession has been acquired, he shall issue a certificate of title to the applicant or to his nominee, freed and discharged from such encumbrances and interests appearing on the folio of the land-register as may have been extinguished by the adverse possession.
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;
When a certificate of title is issued pursuant to this section, the Registrar shall cancel the existing folio of the land-register and any entries therein to the extent necessary to give effect to the application.
The Registrar may require any applicant for a possessory title to contribute to the assurance fund such fee by way of indemnity (not being greater than 5% of the value of the land) as, in the judgment of the Registrar, is commensurate with the risk to which the fund may be exposed by granting the application.
assurance fund
“assurance fund” means the assurance fund constituted under section 134;
Any person becoming a proprietor pursuant to this section shall, for the purposes of this Act, be deemed to be a purchaser.[39
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;