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In This Volume

  • 192 (1) On application by a registered owner of the fee simple and on the surrender and cancellation of one or more duplicate indefeasible titles, the registrar may cancel the title in the register, and register in the name of the owner, subject to the restrictions of sections 158 and 178, one or more indefeasible titles collectively covering the land included in the surrendered titles and, respectively, covering that part of the land that the owner may direct.
  • (2) On application by a registered owner whose title is subject to one or more cancelled charges, and on the surrender and cancellation of the registered owner’s duplicate indefeasible title, the registrar may cancel the subsisting title and register a new indefeasible title.
  • (3) On application by tenants in common, the registrar may, in the same manner as provided in subsection (1),
  • (a) consolidate in one indefeasible title the undivided interests to which the applicants are entitled, or
  • (b) unless the separation would result in the same person being the registered owner under separate indefeasible titles of all that person’s undivided interests, separate into several indefeasible titles the undivided interests to which the applicants are entitled.
  • (4) The holder of a duplicate indefeasible title on which the registrar has endorsed a transfer of part of the land included in the indefeasible title, may surrender it for cancellation under this section and receive a new duplicate indefeasible title for the land or interest remaining in the surrendered certificate.
  • (5) The registrar may act under subsection (2) or (4) without an application being made.
  • (6) The registrar must note in the register all conditions, charges, liens, interests and endorsements to which the respective land is subject at the time of the application or of the registrar proceeding under subsection (5).

1979-219-188; 1982-60-52, proclaimed effective August 1, 1983.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See s. 189 of the Act regarding the circumstances in which a registrar may endorse a transfer on a duplicate indefeasible title.