South Australian Current Acts

ROADS (OPENING AND CLOSING) ACT 1991 - SECT 37

37—Issue of certificate of title where owner of road is unknown or dead

        (1)         If before the passing of the Roads (Opening and Closing) Act Amendment Act 1946 , an order for the closing of a road was confirmed and—

            (a)         a certificate of title has not been issued in respect of the land or part of the land comprised in the road ordered to be closed and the person entitled to the issue of that certificate is dead or unknown; and

            (b)         the Surveyor-General is satisfied that a person in possession of the land for which there is no certificate is entitled by purchase or otherwise to be in possession and that it is desirable that a certificate of title to the land should be issued to that person,

the Surveyor-General may publish a notice in the Gazette stating that, unless any person claiming an interest in the land objects in writing within the time specified in the notice (being not less than 28 days), a certificate of title may be issued to the person specified in the notice as the person who the Surveyor-General is satisfied is entitled to the land.

        (2)         Where a notice is published pursuant to subsection (1), the Surveyor-General must give written notice to the same effect to every owner of land adjoining the land to which the notice relates, and may give such other notice as he or she thinks fit.

        (3)         If within the time fixed by a notice given pursuant to subsection (1), no objection in writing to the issue of a certificate of title to the person specified in the notice is made by any person claiming an interest in the land referred to in the notice, the Minister may, on the recommendation of the Surveyor-General, issue a closed road title certificate for that land subject to any interest described in the certificate and deliver the certificate to the Registrar-General and, in that event, the provisions of Part 4 relating to closed road title certificates and the issue of certificates of title apply in relation to that closed road title certificate as if the land had been vested in the person specified in the notice for an estate in fee simple.