§ 174 — Savings

174.—(1) A reference in this Act to land brought under the provisions of this Act includes a reference to land which has been brought under the provisions of the repealed Land Titles Act (Cap. 157, 1985 Revised Edition) (called in this Part the repealed Act).(2) Any register, instrument, index or other document maintained under the repealed Act continues to be maintained under the corresponding provision of this Act.

(3) Insofar as any entry in a register or instrument was made or other thing whatsoever was done under any provision of the repealed Act, that entry or thing has effect as if made or done under the corresponding provision of this Act.

(4) A reference to a caveat in this Act includes a reference to a caveat lodged and notified in a folio or the Caveat Index under the provisions of the repealed Act.

(5) Any caveat lodged under the repealed Act may, unless it has lapsed or been removed or cancelled in accordance with the provisions of the repealed Act before 1 March 1994, be extended in accordance with the provisions of this Act.

(6) Any application, instrument or caveat lodged for registration under the provisions of the repealed Act before 1 March 1994 and whose registration was not completed before that date is, where applicable, deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act.

(7) Where at any time before 1 March 1994 a person —(a)

was in adverse possession of any registered land; and

(b)

has lodged an application for a possessory title to the land under the provisions of the repealed Act and the application has not been withdrawn but is on that date pending in the Land Titles Registry,

the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.

(8) Where at any time before 1 March 1994 a person —(a)

was in adverse possession of any registered land; and

(b)

was entitled to lodge an application for a possessory title to the land under the provisions of the repealed Act which were in force immediately before that date,

the person may, within 6 months of that date make an application to court for an order to vest the title in the person or lodge an application for a possessory title to the land and the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.

(9) Section 87 does not prevent the registration of leases for a term not exceeding 7 years which were executed before 1 March 1994 and any such lease may be registered under the provisions of the repealed Act as if those provisions were never repealed.

(10) A person who, immediately before 1 March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles continues to hold such office as if he or she had been appointed under section 5.

(11) Any written law or other document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference, to this Act.

(12) Except as expressly provided in this section, nothing in this section is to be taken as prejudicing the operation of section 16 of the Interpretation Act 1965 (which relates to the effect of repeals).

—(1) A reference in this Act to land brought under the provisions of this Act includes a reference to land which has been brought under the provisions of the repealed Land Titles Act (Cap. 157, 1985 Revised Edition) (called in this Part the repealed Act).

(2) Any register, instrument, index or other document maintained under the repealed Act continues to be maintained under the corresponding provision of this Act.

(3) Insofar as any entry in a register or instrument was made or other thing whatsoever was done under any provision of the repealed Act, that entry or thing has effect as if made or done under the corresponding provision of this Act.

(4) A reference to a caveat in this Act includes a reference to a caveat lodged and notified in a folio or the Caveat Index under the provisions of the repealed Act.

(5) Any caveat lodged under the repealed Act may, unless it has lapsed or been removed or cancelled in accordance with the provisions of the repealed Act before 1 March 1994, be extended in accordance with the provisions of this Act.

(6) Any application, instrument or caveat lodged for registration under the provisions of the repealed Act before 1 March 1994 and whose registration was not completed before that date is, where applicable, deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act.

(7) Where at any time before 1 March 1994 a person —(a)

was in adverse possession of any registered land; and

(b)

has lodged an application for a possessory title to the land under the provisions of the repealed Act and the application has not been withdrawn but is on that date pending in the Land Titles Registry,

the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.

(8) Where at any time before 1 March 1994 a person —(a)

was in adverse possession of any registered land; and

(b)

was entitled to lodge an application for a possessory title to the land under the provisions of the repealed Act which were in force immediately before that date,

the person may, within 6 months of that date make an application to court for an order to vest the title in the person or lodge an application for a possessory title to the land and the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.

(9) Section 87 does not prevent the registration of leases for a term not exceeding 7 years which were executed before 1 March 1994 and any such lease may be registered under the provisions of the repealed Act as if those provisions were never repealed.

(10) A person who, immediately before 1 March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles continues to hold such office as if he or she had been appointed under section 5.

(11) Any written law or other document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference, to this Act.

(12) Except as expressly provided in this section, nothing in this section is to be taken as prejudicing the operation of section 16 of the Interpretation Act 1965 (which relates to the effect of repeals).