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In This Volume

  • 288 (1) As long as a caveat lodged with the registrar remains in force, the registrar must not
  • (a) register another instrument affecting the land described in the caveat, unless the instrument is expressed to be subject to the claim of the caveator, or
  • (b) deposit a plan of subdivision or otherwise allow any change in boundaries affecting the land described in the caveat, unless consented to by the caveator.
  • (2) An instrument expressed to be subject to the claim of the caveator may be registered or deposited, unless the claim of the caveator, if successful, would, in the opinion of the registrar, destroy the root of title of the person against whose title the caveat has been lodged.

1979-219-267.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Priority of Caveats

See ss. 30 and 31 of the Act regarding the priority established by a caveat.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, paras. 575, 634 to 636, and 654.