Land Titles Act 1993 · 2020 Revised Edition · Part 3 · Initial Registration of Titles
26. Cancellation of cautions
Feedback & supportWhere the Registrar has entered a caution on a qualified folio under section 25, the proprietor of the land comprised in that folio may apply to the Registrar in the approved form together with any deed, conveyance or instrument affecting the land for the cancellation of the caution if the proprietor is able to —
deduce a title for a continuous period of not less than 12 years at the date of the proprietor’s application; and
satisfy the Registrar that there are no outstanding interests which are not notified on that folio.
Upon proof to the Registrar’s satisfaction that subsection (1) has been complied with, the Registrar must enter on the qualified folio a notification cancelling the caution.
For the purposes of section 155, the person upon whose application a caution is cancelled is deemed to be the person upon whose application the land was brought under this Act.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;