Section 167 — Land Transfer Act 1952: Plans to be deposited in certain cases

167 Plans to be deposited in certain cases (1) On any application to bring land under the provisions of this Act, or for a new certificate on any subdivision of or other dealing with the land comprised in any certificate or other instrument of title or any part thereof or for the untransferred part of the land comprised in any such certificate or other instrument of title, or for registration of any instrument affecting part only of the land comprised in any certificate or other instrument of title, the Registrar may require the applicant to deposit in the Land Registry Office of the district a plan of the land or subdivision or part thereof, as the case may be, which plan shall be in accordance with the regulations for the time being in force in that behalf; and until the requisition is complied with the Registrar shall not be bound to proceed with the application: Provided that, notwithstanding anything in this subsection, where the Registrar is of the opinion that a plan complying with the regulations is not warranted in the circumstances of any particular case, he may require the applicant to deposit as aforesaid such other plan as the Registrar, after consultation with the Chief Surveyor under the Survey Act 1986 for the land district in which the land is situated, considers is sufficient to define the land in relationship to existing surveys made in accordance with the regulations aforesaid. (2) Notwithstanding anything in the last preceding subsection, where the Registrar considers that, having regard to the value of the land to be comprised in the certificate of title or new certificate of title, as the case may be, it would be a hardship on the applicant to require him to deposit a plan of the land or subdivision or part, as the case may be, the Registrar, in his discretion, may exempt the applicant from complying with the provisions of that subsection and, where the land is comprised in an ordinary certificate of title, may, but only with the written consent of every registered mortgagee or lessee of the land, issue to the applicant a certificate of title limited as to parcels. Where in any such case an ordinary certificate of title is consequentially partially cancelled by the Registrar, he may endorse on the partially cancelled certificate a memorial that it is limited as to parcels, and it shall be deemed to be limited as to parcels accordingly. (3) The provisions of Part 12 of this Act relating to certificates that are limited as to parcels shall, as far as they are applicable and with the necessary modifications, apply to every limited certificate issued by the Registrar under subsection (2) of this section, and to every certificate upon which an endorsement that it is limited as to parcels is made under that subsection, as if it were a certificate limited as to parcels issued under that Part of this Act. (4) This section shall apply with respect to any land comprised in a certificate that is limited as to parcels pursuant to the said Part 12 . (5) For the purposes of this Act, a plan is deemed to be deposited when the Registrar creates a record to that effect. The date of deposit is the date on which all requirements, statutory or otherwise, precedent or incidental to the deposit of the plan have been complied with to the satisfaction of the Registrar. Compare: 1915 No 35 s 178; 1938 No 4 s 41(4); 1950 No 24 s 8 Subsection (1) was amended, as from 20 October 1972, by section 3(a) Land Transfer Amendment Act 1972 (1972 No 76) by omitting the words “ and shall be verified by the statutory declaration of a registered surveyor in such form as the regulations prescribe ” . Subsection (1) proviso was inserted, as from 7 October 1966, by section 12 Land Transfer Amendment Act 1966 (1966 No 37). Subsection (1) proviso was amended, as from 20 October 1972, by section 3(b) Land Transfer Amendment Act 1972 (1972 No 76) by omitting the words “ and verified as aforesaid ” . Subsection (1) proviso was further amended, as from 1 April 1987, by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117) by substituting the words “ Survey Act 1986 ” for the words “ Land Act 1948 ” . Subsection (5) was inserted, as from 25 October 1960, by section 3 Land Transfer Amendment Act 1960 (1960 No 69). Subsection (5) was substituted, as from 1 June 2002, by section 65(1) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).