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58 Application To Include Body Of Water Or Road In Subdivision

In This Volume

58 (1) If doubt exists whether a body of water or road shown on the map or plan attached to a grant from the government is included in the grant, or whether it is in the public interest that the part coloured other than in red need be retained by the government, a person proposing to subdivide may apply to the minister for a declaration of intention about that part.

  • (2) The application must be accompanied by a print of the proposed plan of subdivision.
  • (3) On receiving a plan certified by the registrar as being otherwise acceptable for deposit, the minister may, if the minister considers it advisable, endorse a declaration on the plan that the land is included in the grant or need not be retained by the government.
  • (4) The deposit in the land title office of an endorsed plan vests title to the land referred to in the declaration in the owner of the land covered by the plan without an instrument of transfer.
  • (5) If the title to the land contained in the plan is subject to a registered charge, the charge is deemed to be modified by including the land described in the declaration.



See Di Castri, Registration of Title to Land, vol. 1, para. 216.