Issue and merger of certificates of title by Registrar-General
28 Issue and merger of certificates of title by Registrar-General
This section applies to a closed road title certificate that relates to land vested in a person for an estate in fee simple or for which a certificate of title is to be issued to the council.
On receipt of a closed road title certificate to which this section applies, the Registrar‑General must, subject to this section, issue a certificate of title to the person entitled for the land to which the closed road title certificate relates.
Where the person entitled is the registered proprietor of land adjoining the land to which the closed road title certificate relates, then, unless the closed road title certificate otherwise provides, the Registrar-General—
must issue a certificate of title (without payment of any fee to the Registrar-General) to the person entitled for the land to which the closed road title certificate relates together with the adjoining land; and
may, with the consent of the person entitled, also merge in the same certificate of title other land of which the person is the registered proprietor.
A certificate of title issued pursuant to subsection (2) or (3) must be expressed to be subject to all easements and trusts that the land is certified to be subject to in the closed road title certificate.
Where a certificate of title is issued pursuant to subsection (3)—
the land described in the certificate is, unless the closed road title certificate otherwise provides, subject to all interests and caveats registered in respect of the adjoining or other land immediately prior to the merger of that land in the new certificate of title; and
an easement that is appurtenant to any of the land merged in the new certificate of title is appurtenant to the land comprised in the new certificate of title.
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