New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 28MC
Application for cancellation of caution accompanied by search
28MC Application for cancellation of caution accompanied by search
(1) This section applies in respect of a caution recorded on a qualified folio
of the Register under section 28J (1) including a caution with a notation
under section 28J (1A) but excluding a caution with a notation under
section 28J (1B).
(2) The registered proprietor of land comprised in a
qualified folio on which a caution in respect of which this section applies is
noted may, at any time, apply to the Registrar-General in the approved form
for cancellation of the caution recorded in the folio.
(3) The
Registrar-General may cancel the caution if-- (a) the application is
accompanied by an office copy of a certificate of the result of a search
relating to the land under section 197 of the Conveyancing Act 1919 and any
other evidence that the Registrar-General may request, and
(a1) the
Registrar-General has had regard to a survey report and an identification
survey relating to the land that have been prepared by a registered surveyor,
and
(b) the Registrar-General is satisfied that all estates and interests in
the land are held free from any subsisting interests, other than those
referred to in section 28MG, and
(c) the boundaries of the land, in the
opinion of the Registrar-General, are adequately defined without further
survey definition.
(4) For the purposes only of enabling a search to be
carried out under section 197 of the Conveyancing Act 1919 in relation to an
application under this section, land comprised in a qualified folio is taken
not to be land subject to the provisions of this Act.
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