§ 23 — In whose name title to issue

23.—(1) A folio created under this Division must be in the name of —(a)

the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the fee simple, estate in perpetuity or leasehold estate in land; or

(b)

the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the equity of redemption if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage.[8/2014]

(2) If before a folio is created, the person who is entitled to be recorded as the registered proprietor on the folio dies, the folio may be created recording the deceased person as the registered proprietor as if the folio was created before the person died.

—(1) A folio created under this Division must be in the name of —(a)

the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the fee simple, estate in perpetuity or leasehold estate in land; or

(b)

the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the equity of redemption if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage.[8/2014]

(2) If before a folio is created, the person who is entitled to be recorded as the registered proprietor on the folio dies, the folio may be created recording the deceased person as the registered proprietor as if the folio was created before the person died.