New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 28ME

Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))

28ME Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))

(1) This section sets out the way in which an application for cancellation of a caution recorded on a qualified folio of the Register under section 28J (1) that does not include a notation under section 28J (1A) but does include a notation under section 28J (1B) may be made.
(2) The registered proprietor of land on which a caution in respect of which this section applies is recorded may apply to the Registrar-General in the approved form for cancellation of the caution if 12 years, running from the date on which a cause of action to recover the land comprised in the qualified title first accrued to a person, has expired.
(3) The Registrar-General may cancel the caution to which the application relates to the extent that it affects the land if:
(a) before the expiration of the period of 12 years referred to in subsection (2), no person has served notice of the commencement of an action to recover the land on the Registrar-General or given the Registrar-General written notice of an order made by the Supreme Court restraining the Registrar-General from cancelling the caution, and
(b) the Registrar-General is satisfied that, by virtue of any statute of limitations, the land is held free from any subsisting interests, other than those referred to in section 28MG.



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