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

Cap. 296 Art. 59Rules.

PART X

In KraftAmtlicher Text

(1) Subject to the provisions of this Act, the Minister may make general rules for the purpose of regulating the manner, procedure or conditions in which or under which the provisions of this Act are to be carried out, for the purpose of regulating such matters as are by this Act required or authorized to be prescribed or in respect of which provision is to be made by rules, and generally for the purpose of regulating any matter connected with the establishment and management of a land registry and the registration of title to land.

(2) Without prejudice to the generality of the provisions of sub-article (1), rules made under this article may also be made for all or any one or more of the following purposes:

(a) for regulating the mode in which the register is to be all proceedings before the registrar or in connection with registration;

(c) for regulating the procedure on application for first registration;

(d) empowering the registrar to order or conduct the survey of any land in connection with its registration under this Act;

(e) for regulating the custody of any documents from time to time coming into the hands of the registrar, with power to direct the destruction of any such documents where they have become altogether superseded by entries in the register, or have ceased to have any effect;

(f) for carrying out the provisions of this Act with respect to compulsory registration;

(g) for the conduct of official searches against cautions, inhibitions, and such matters of a like nature as may be prescribed;

(h) for allowing the insertion in the register, and in certificates, of the price paid or value declared on first registrations, transfers, and transmissions of land;

(i) for prescribing the way any notices required by this Act, are to be given;

(j) for the registration, by way of notice, on the first registration of the land, of any easement, right, or privilege, created by an instrument and operating at law, which appears to affect adversely the land, and so far as practicable by reference to the instrument creating the same;

(k) for enabling any person who acquires any such easement, right, or privilege, after the date of first registration of the land, to require (subject to notice being given to the owner of the servient land) entry to be made in the register of notice of the same, and so far as practicable by reference to the instrument creating the right;

(l) for enabling the first or any subsequent proprietor to require that notice of his title to any such right or interest, whether acquired under an instrument or by prescription or otherwise, be entered in the register, and, so far as practicable, by reference to the instrument (if any) creating the right or interest, and for prescribing the effect of any such entry;

(m) for regulating the issue and forms of certificates, and, if deemed desirable, for prescribing any special grant a certificate that an intended disposition is authorised and will be registered if presented;

(o) for prescribing the effect of priority notices and of priority cautions and inhibitions;

(p) for providing for any matter ancillary to or consequential to the computerisation of the Land Registry;

(q) for adapting the provisions of this Act relating to transfers of registered land to other dispositions authorised to be made by a proprietor;

(r) for enabling entries to be made in the register on the surrender, extinguishment or discharge of any subsisting interest without previously registering the title to the interest which is merged or extinguished.