Section 62 — Land Transfer Act 1952: Estate of registered proprietor paramount

62 Estate of registered proprietor paramount Notwithstanding the existence in any other person of any estate or interest, whether derived by grant from the Crown or otherwise, which but for this Act might be held to be paramount or to have priority, but subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963 , the registered proprietor of land or of any estate or interest in land under the provisions of this Act shall, except in case of fraud, hold the same subject to such encumbrances, liens, estates, or interests as may be notified on the folium of the register constituted by the grant or certificate of title of the land, but absolutely free from all other encumbrances, liens, estates, or interests whatsoever,— (a) Except the estate or interest of a proprietor claiming the same land under a prior certificate of title or under a prior grant registered under the provisions of this Act; and (b) Except so far as regards the omission or misdescription of any right of way or other easement created in or existing upon any land; and (c) Except so far as regards any portion of land that may be erroneously included in the grant, certificate of title, lease, or other instrument evidencing the title of the registered proprietor by wrong description of parcels or of boundaries. Compare: 1915 No 35 s 58 Section 62 was amended, as from 23 October 1963, by section 22(a) Land Transfer Amendment Act 1963 (1963 No 61) by inserting the words “ but subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963 ” .