87—Certificates heretofore issued conclusive evidence of right-of-way
therein described
Every certificate issued before the eighteenth day of November, 1881,
containing therein a statement to the effect that the registered proprietor is
seized of the land therein described, subject to or together with any
right-of-way therein described or delineated, or together with any easement
therein described, shall be deemed to operate as a grant or reservation, as
the case may be, of such right-of-way or other easement, and such certificate
shall, except in the case of fraud, be received in all Courts as conclusive
evidence of the existence of such right-of-way or other easement:
Provided that this section shall not apply to any right-of-way or other
easement, the title to which is now the subject of pending litigation in any
Court of Law, or to any right-of-way or other easement, the right to which has
been concluded in any Court adversely to such right-of-way or easement.