Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 296 · cap/296 (Cap. 296)

Cap. 296 Art. 45Appurtenances.

PART VI †

In KraftAmtlicher Text

If before the registration of any interest in land with a guaranteed title any easement or other right has been acquired for the benefit thereof, then, on such registration, the easement or right a title to land registered in the name of another person may apply to be registered as proprietor thereof.

(2) The registrar shall, on being satisfied as to applicant’s title, enter the applicant as proprietor with a guaranteed or other title, including any qualification, as the case may require, but without prejudice to any right or interest protected by an entry on the register which may have not been extinguished by prescription; and such registration shall, subject as aforesaid, have the same effect as the registration of a first proprietor; but the proprietor or the applicant or any other person interested may apply to the competent court for the determination of any question arising under this article.

(3) The provisions of this article may be applied, subject to the necessary modifications, to cases where an easement or other real right has been acquired by prescription.

(4) The provisions of this article may also be applied with the necessary modifications to cases where a title to land is acquired by the Government through forfeiture or as bona vacantia.