§ 46 — Estate of proprietor paramount

46.—(1) Despite —(a)

the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and

(b)

any failure to observe the procedural requirements of this Act,

any person who becomes the proprietor of registered land, whether or not that person dealt with a proprietor, and despite any lack of good faith on the part of the person through whom that person claims, holds that land free from all encumbrances, liens, estates and interests except such as may be registered or notified in the land‑register, but subject to —

(c)

any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof;

(d)

any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after 1 March 1994 in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104 and section 10 of the State Lands Act 1920;

(e)

any statutory obligation as defined in section 142;

(f)

the power to correct errors conferred on the Registrar by section 159;

(g)

the power to rectify the land-register conferred upon the court by section 160;

(h)

the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, being a tenancy the term of which does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and

(i)

the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land‑register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any related instrument by section 24 of the Residential Property Act 1976 in respect of any residential property (the expressions “transfer” and “residential property” having the meanings given by that Act).[8/2014; 11/2015]

(2) Nothing in this section shall be held to prejudice the rights and remedies of any person —(a)

to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or that proprietor’s agent was a party or in which that proprietor or that proprietor’s agent colluded;

(b)

to enforce against a proprietor any contract to which that proprietor was a party;

(c)

to enforce against a proprietor who is a trustee the provisions of the trust;

(d)

to recover from a proprietor land acquired by him or her from a person under a legal disability which was known to the proprietor at the time of dealing; or

(e)

to recover from a proprietor land which has been unlawfully acquired by him or her in purported exercise of a statutory power or authority.

(3) Nothing in this section confers on a proprietor claiming otherwise than as a purchaser any better title than was held by the proprietor’s immediate predecessor.

(4) For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.

—(1) Despite —(a)

the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and

(b)

any failure to observe the procedural requirements of this Act,

any person who becomes the proprietor of registered land, whether or not that person dealt with a proprietor, and despite any lack of good faith on the part of the person through whom that person claims, holds that land free from all encumbrances, liens, estates and interests except such as may be registered or notified in the land‑register, but subject to —

(c)

any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof;

(d)

any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after 1 March 1994 in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104 and section 10 of the State Lands Act 1920;

(e)

any statutory obligation as defined in section 142;

(f)

the power to correct errors conferred on the Registrar by section 159;

(g)

the power to rectify the land-register conferred upon the court by section 160;

(h)

the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, being a tenancy the term of which does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and

(i)

the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land‑register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any related instrument by section 24 of the Residential Property Act 1976 in respect of any residential property (the expressions “transfer” and “residential property” having the meanings given by that Act).[8/2014; 11/2015]

(2) Nothing in this section shall be held to prejudice the rights and remedies of any person —(a)

to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or that proprietor’s agent was a party or in which that proprietor or that proprietor’s agent colluded;

(b)

to enforce against a proprietor any contract to which that proprietor was a party;

(c)

to enforce against a proprietor who is a trustee the provisions of the trust;

(d)

to recover from a proprietor land acquired by him or her from a person under a legal disability which was known to the proprietor at the time of dealing; or

(e)

to recover from a proprietor land which has been unlawfully acquired by him or her in purported exercise of a statutory power or authority.

(3) Nothing in this section confers on a proprietor claiming otherwise than as a purchaser any better title than was held by the proprietor’s immediate predecessor.

(4) For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.