South Australian Current Acts South Australian Current Acts28—Issue and merger of certificates of title by Registrar-General
(1) This section
applies to a closed road title certificate that relates to land vested in a
person for an estate in fee simple or for which a certificate of title is to
be issued to the council.
(2) On receipt of a
closed road title certificate to which this section applies, the
Registrar-General must, subject to this section, issue a certificate of title
to the person entitled for the land to which the closed road title certificate
relates.
(3) Where the person
entitled is the registered proprietor of land adjoining the land to which the
closed road title certificate relates, then, unless the closed road title
certificate otherwise provides, the Registrar-General—
(a) must
issue a certificate of title (without payment of any fee to the
Registrar-General) to the person entitled for the land to which the closed
road title certificate relates together with the adjoining land; and
(b) may,
with the consent of the person entitled, also merge in the same
certificate of title other land of which the person is the registered
proprietor.
(4) A
certificate of title issued pursuant to subsection (2) or (3) must be
expressed to be subject to all easements and trusts that the land is certified
to be subject to in the closed road title certificate.
(5) Where a
certificate of title is issued pursuant to subsection (3)—
(a) the
land described in the certificate is, unless the closed road title certificate
otherwise provides, subject to all interests and caveats registered in respect
of the adjoining or other land immediately prior to the merger of that land in
the new certificate of title; and
(b) an
easement that is appurtenant to any of the land merged in the new
certificate of title is appurtenant to the land comprised in the new
certificate of title.