Requirements for part of a lot
108A Requirements for part of a lot
If, under section 108, the registrar proposes to register the applicant as owner of only a part (the relevant part) of the lot (the relevant lot), the registrar may require the applicant to lodge a plan of subdivision for the relevant lot, subdividing the relevant lot into the following lots—
a lot made up of the relevant part;
a lot made up of the remainder of the relevant lot.
The applicant may sign the plan of subdivision as if the applicant were the registered owner of the relevant lot.
However—
the plan of subdivision must comply with section 50; and
despite the outcome of the applicant’s application as an adverse possessor, the registrar can not proceed under section 108 to register the applicant as owner of the relevant part if section 50 can not be complied with.
The registrar may require that the giving of public notice under section 18(3) and the giving of written notice under section 103(1) be delayed until the applicant satisfies the registrar that the applicant will be able to lodge a plan of subdivision complying with section 50.
This Act’s bill:Explanatory memorandum
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