§ 165 — Subdivision of registered land

165.—(1) Except as provided in this section, the Registrar must not register any instrument affecting part of the land in a folio until he or she is satisfied that the boundaries and dimensions of part of the land in a folio described in an instrument are in accordance with the final boundaries and dimensions shown in the plan lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.[37/2004]

(2) Where the Registrar has created a new folio pursuant to a registration of part of the land which is not conclusive as to boundaries and dimensions, the Registrar must enter thereon a caution to that effect, and must cancel that caution when the boundaries and dimensions have been shown on the plan lodged with and approved by the Chief Surveyor.

(3) No compensation is to be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and dimensions shown on a folio which bears a caution as is provided in subsection (2).

(4) Nothing in this section prevents the entry of a caveat, nor the registration of —(a)

an easement;

(aa)

a lease mentioned in section 4(2)(a) or (b) of the Planning Act 1998;

(b)

a mortgage or charge; or

(c)

any other instrument or class of instruments which may from time to time be prescribed.[8/2014]

—(1) Except as provided in this section, the Registrar must not register any instrument affecting part of the land in a folio until he or she is satisfied that the boundaries and dimensions of part of the land in a folio described in an instrument are in accordance with the final boundaries and dimensions shown in the plan lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.[37/2004]

(2) Where the Registrar has created a new folio pursuant to a registration of part of the land which is not conclusive as to boundaries and dimensions, the Registrar must enter thereon a caution to that effect, and must cancel that caution when the boundaries and dimensions have been shown on the plan lodged with and approved by the Chief Surveyor.

(3) No compensation is to be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and dimensions shown on a folio which bears a caution as is provided in subsection (2).

(4) Nothing in this section prevents the entry of a caveat, nor the registration of —(a)

an easement;

(aa)

a lease mentioned in section 4(2)(a) or (b) of the Planning Act 1998;

(b)

a mortgage or charge; or

(c)

any other instrument or class of instruments which may from time to time be prescribed.[8/2014]