§ 20 — Primary applications

20.—(1) A person entitled to bring unregistered land under the provisions of this Act may lodge a primary application with the Registrar to bring the land under this Act together with any deed, conveyance or instrument affecting the land.(2) The following persons are entitled to have unregistered land brought under the provisions of this Act:(a)

the person claiming to be the owner (either at law or in equity) or persons who collectively claim to be the owners (either at law or in equity) of the fee simple, an estate in perpetuity or leasehold estate; or

(b)

trustees for the sale of the fee simple, an estate in perpetuity or leasehold estate where the application to bring the land under the provisions of this Act has been consented to by a majority in number of persons required to give that consent.

(3) A primary application to bring land under the provisions of this Act must —(a)

be in the approved form; and

(b)

be accompanied by such documents of title or other evidence as the Registrar may require, including but not limited to a statutory declaration (in a form acceptable to the Registrar) executed by an applicant who is unable to produce any such documents of title or other evidence to substantiate the applicant’s claim or from any person connected with the loss of those documents.

(4) Despite subsection (2), a mortgagor is not entitled to apply to bring land under the provisions of this Act unless the mortgagee consents to the primary application.

(5) Unless expressly prohibited by the terms of its memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document (as the case may be) a corporation (whether sole or aggregate) or a limited liability partnership is deemed to have power to apply to the Registrar to bring land under the provisions of this Act.[8/2014]

(6) Any primary application under subsection (5) may be made —(a)

on behalf of a corporation (other than a limited liability partnership), by its director, manager or secretary; or

(b)

on behalf of a limited liability partnership, by its partner or manager, or an attorney appointed in that behalf by the limited liability partnership,

under its common seal in accordance with the memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document, as the case may be.

[8/2014]

(7) The Registrar may refer any primary application to any legally qualified person for investigation of and report on the applicant’s title.

(8) On the creation of a folio for the land, the Registrar must cancel —(a)

all assurances lodged to support the primary application if the folio is unqualified as to title; or

(b)

in any other case, the last deed lodged with the Registry of Deeds prior to the creation of the folio.

—(1) A person entitled to bring unregistered land under the provisions of this Act may lodge a primary application with the Registrar to bring the land under this Act together with any deed, conveyance or instrument affecting the land.

(2) The following persons are entitled to have unregistered land brought under the provisions of this Act:(a)

the person claiming to be the owner (either at law or in equity) or persons who collectively claim to be the owners (either at law or in equity) of the fee simple, an estate in perpetuity or leasehold estate; or

(b)

trustees for the sale of the fee simple, an estate in perpetuity or leasehold estate where the application to bring the land under the provisions of this Act has been consented to by a majority in number of persons required to give that consent.

(3) A primary application to bring land under the provisions of this Act must —(a)

be in the approved form; and

(b)

be accompanied by such documents of title or other evidence as the Registrar may require, including but not limited to a statutory declaration (in a form acceptable to the Registrar) executed by an applicant who is unable to produce any such documents of title or other evidence to substantiate the applicant’s claim or from any person connected with the loss of those documents.

(4) Despite subsection (2), a mortgagor is not entitled to apply to bring land under the provisions of this Act unless the mortgagee consents to the primary application.

(5) Unless expressly prohibited by the terms of its memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document (as the case may be) a corporation (whether sole or aggregate) or a limited liability partnership is deemed to have power to apply to the Registrar to bring land under the provisions of this Act.[8/2014]

(6) Any primary application under subsection (5) may be made —(a)

on behalf of a corporation (other than a limited liability partnership), by its director, manager or secretary; or

(b)

on behalf of a limited liability partnership, by its partner or manager, or an attorney appointed in that behalf by the limited liability partnership,

under its common seal in accordance with the memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document, as the case may be.

[8/2014]

(7) The Registrar may refer any primary application to any legally qualified person for investigation of and report on the applicant’s title.

(8) On the creation of a folio for the land, the Registrar must cancel —(a)

all assurances lodged to support the primary application if the folio is unqualified as to title; or

(b)

in any other case, the last deed lodged with the Registry of Deeds prior to the creation of the folio.