On any application
under section 170 or 171 or to bring land under this Act the Commissioner may
grant the same although the certificate to be created and registered or
amended or the relevant graphic to be amended or replaced upon such
application may affect land comprised in any other certificate or relevant
graphic if it shall appear that the land so affected has been included in such
other certificate or relevant graphic by reason of some error in survey or
other misdescription unless the title to the land so affected has been
theretofore determined in a contested proceeding under this Act or in any
court of competent jurisdiction in which the right to the possession of such
land was in question.
[Section 177 amended: No. 81 of 1996 s. 106 and
145(2); No. 6 of 2003 s. 66.]