Land Titles Act 1980

The devisee or other person claiming an estate of freehold in the land of a deceased registered proprietor, who died testate before 18th October 1935, or intestate before 1st October 1874, or a person having a power of disposition over an estate of freehold in land of a deceased testate proprietor who died before 18th October 1935 – may make application in an approved form to the Recorder to be registered as proprietor of the estate; and shall – where the deceased proprietor dies testate, deposit with the Recorder the certificate of the death, the will, or an office copy or probate of the will of the deceased proprietor or any settlement under which the applicant claims; or where the deceased registered proprietor dies intestate, deposit with the Recorder such evidence of title as the applicant is able to produce.

A person who makes application under subsection (1) shall state in the application – the nature of every estate or interest held by any other person at law or in equity in the land referred to in that subsection that is within the applicant's knowledge; and that the applicant believes the applicant to be entitled to the estate in that land.

The statements made in an application referred to in subsection (1) shall be verified by the statutory declaration of the applicant.

The Recorder, on being satisfied that the applicant is entitled to the estate claimed in the application, shall register the applicant as proprietor of that estate.

Before registering the applicant as proprietor pursuant to subsection (4), the Recorder – may, if the Recorder thinks fit, cause notice of the application to be published and given to such persons (if any) as the Recorder thinks fit; and must in each notice appoint a time, not less than 30 days from the day on which all the notices have been published or given, after which the Recorder may register the applicant as proprietor, unless, in the period between the publication or giving of a notice and the time specified in the notice, the Recorder receives a caveat forbidding the Recorder from doing so.

A caveat under subsection (5) shall be subject to the same provisions, and have the same effect with respect to the application against which it is lodged, as a caveat against an application to bring land under this Act.