§ 159 — Correction of errors in land-register

159.—(1) The Registrar may, upon such evidence as appears to him or her sufficient, correct errors and omissions in the land‑register.(2) Without limiting subsection (1), the Registrar, of his or her own motion, or at the request of the aggrieved proprietor, may —(a)

correct any folio which is erroneous because of the entry of a misspelt name, or of the inclusion of land already included in a prior folio, or of the wrong description of parcels or of the boundaries or dimensions (including the area) of the land;

(b)

correct any erroneous entry or endorsement in the land‑register;

(c)

add to the land-register any matter which has been erroneously omitted; or

(d)

where it is not practicable to make corrections to any folio, cancel the folio and create a new folio with the corrections made thereon.

(3) Any correction to a manual folio must be made in such manner as to leave the erroneous matter legible and show the date the correction was made and must be authenticated by the Registrar’s signature or initials and any correction to a computer folio must be made in such manner as to show the exact nature of the correction and the date of the correction.

(4) In any case in which the Registrar corrects the land‑register, he or she must have regard to any improvements to the land which may have been made since the occurrence of the error and, where 2 or more titles are involved, he or she may correct that folio, entry or endorsement which in his or her opinion involves the least loss to the assurance fund.

(5) Any person who, having dealt on the faith of an erroneous registration, has suffered loss or damage by the exercise of the power conferred on the Registrar by this section is, subject to section 158, entitled to be compensated from the assurance fund for the land of which the person has been deprived and for any improvement made thereon by the person or by any predecessor in title, and may bring an action for the recovery of such compensation.

(6) Any person having custody of a certificate of title, subsidiary certificate of title or duplicate lease required for correction may be summoned by the Registrar to deliver that certificate of title, subsidiary certificate of title or duplicate lease to the Registrar, and upon that person refusing or neglecting to do so, the Registrar may apply to the court for an order requiring that person to show cause why the certificate of title, subsidiary certificate of title or duplicate lease should not be so delivered, and the court may make such order as the circumstances of the case require.[8/2014]

(7) When any person so summoned neglects or refuses to show cause, or to deliver up the certificate of title, subsidiary certificate of title or duplicate lease, as directed by the court, the Registrar may, if the circumstances of the case so require, issue a new certificate of title or a new subsidiary certificate of title in the same manner, and having the same effect, as provided by section 43 in the case of certificates of title, subsidiary certificates of title or duplicate leases which have been lost, mislaid, destroyed or that are being improperly or wrongfully withheld.[8/2014]

(8) In this section, “correction” includes cancellation and the addition of matter which has been omitted.

(9) For the purposes of section 158, time does not run against any person entitled to compensation for loss or damage by reason of a correction under this section until the Registrar has given the person notice that the correction has been made.

—(1) The Registrar may, upon such evidence as appears to him or her sufficient, correct errors and omissions in the land‑register.

(2) Without limiting subsection (1), the Registrar, of his or her own motion, or at the request of the aggrieved proprietor, may —(a)

correct any folio which is erroneous because of the entry of a misspelt name, or of the inclusion of land already included in a prior folio, or of the wrong description of parcels or of the boundaries or dimensions (including the area) of the land;

(b)

correct any erroneous entry or endorsement in the land‑register;

(c)

add to the land-register any matter which has been erroneously omitted; or

(d)

where it is not practicable to make corrections to any folio, cancel the folio and create a new folio with the corrections made thereon.

(3) Any correction to a manual folio must be made in such manner as to leave the erroneous matter legible and show the date the correction was made and must be authenticated by the Registrar’s signature or initials and any correction to a computer folio must be made in such manner as to show the exact nature of the correction and the date of the correction.

(4) In any case in which the Registrar corrects the land‑register, he or she must have regard to any improvements to the land which may have been made since the occurrence of the error and, where 2 or more titles are involved, he or she may correct that folio, entry or endorsement which in his or her opinion involves the least loss to the assurance fund.

(5) Any person who, having dealt on the faith of an erroneous registration, has suffered loss or damage by the exercise of the power conferred on the Registrar by this section is, subject to section 158, entitled to be compensated from the assurance fund for the land of which the person has been deprived and for any improvement made thereon by the person or by any predecessor in title, and may bring an action for the recovery of such compensation.

(6) Any person having custody of a certificate of title, subsidiary certificate of title or duplicate lease required for correction may be summoned by the Registrar to deliver that certificate of title, subsidiary certificate of title or duplicate lease to the Registrar, and upon that person refusing or neglecting to do so, the Registrar may apply to the court for an order requiring that person to show cause why the certificate of title, subsidiary certificate of title or duplicate lease should not be so delivered, and the court may make such order as the circumstances of the case require.[8/2014]

(7) When any person so summoned neglects or refuses to show cause, or to deliver up the certificate of title, subsidiary certificate of title or duplicate lease, as directed by the court, the Registrar may, if the circumstances of the case so require, issue a new certificate of title or a new subsidiary certificate of title in the same manner, and having the same effect, as provided by section 43 in the case of certificates of title, subsidiary certificates of title or duplicate leases which have been lost, mislaid, destroyed or that are being improperly or wrongfully withheld.[8/2014]

(8) In this section, “correction” includes cancellation and the addition of matter which has been omitted.

(9) For the purposes of section 158, time does not run against any person entitled to compensation for loss or damage by reason of a correction under this section until the Registrar has given the person notice that the correction has been made.