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REAL PROPERTY ACT 1900 - SECT 28ME
Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))
28ME Application for cancellation of caution on qualified folio created on
possessory title (section 28J (1B))
(1) This section sets out the way in which an application for cancellation of
a caution recorded on a qualified folio of the Register under section 28J (1)
that does not include a notation under section 28J (1A) but does include a
notation under section 28J (1B) may be made.
(2) The registered proprietor of
land on which a caution in respect of which this section applies is recorded
may apply to the Registrar-General in the approved form for cancellation of
the caution if 12 years, running from the date on which a cause of action to
recover the land comprised in the qualified title first accrued to a person,
has expired.
(3) The Registrar-General may cancel the caution to which the
application relates to the extent that it affects the land if-- (a) before the
expiration of the period of 12 years referred to in subsection (2), no person
has served notice of the commencement of an action to recover the land on the
Registrar-General or given the Registrar-General written notice of an order
made by the Supreme Court restraining the Registrar-General from cancelling
the caution, and
(b) the Registrar-General is satisfied that, by virtue of
any statute of limitations, the land is held free from any subsisting
interests, other than those referred to in section 28MG.
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