Section 89A — Land Transfer Act 1952: Application by adjoining owners for title to access strip

89A Application by adjoining owners for title to access strip (1) Where on the subdivision of any land any separate part thereof (in this Part of this Act referred to as an access strip) was, in the opinion of the Registrar, laid off for the sole purpose of providing access from any of the allotments comprising the subdivision to an existing road or street, the registered proprietor or, if more than one, the registered proprietors of the fee simple estate in all the allotments of the subdivision that are contiguous to the access strip may, subject to the provisions of this Part of this Act, make application to the Registrar to have the access strip brought under the provisions of this Act in the name of the applicant, or, if more than one, in the names of the applicants as tenants in common (subject to the provisions of section 89E of this Act) in shares proportionate to the number of the allotments of the subdivision that are contiguous to the access strip of which they are so registered as proprietors, or, as the case may require, for the issue of a certificate of title for an estate in fee simple in the access strip in the name of the applicant, or, if more than one, in the names of the applicants as tenants in common (subject to the provisions of section 89E of this Act) in the shares aforesaid. (2) For the purposes of this Part of this Act, where before the making of an application under subsection (1) of this section any allotment of a subdivision has been further subdivided into 2 or more allotments, each of those lastmentioned allotments that is contiguous to the access strip shall be deemed to be an allotment of the original subdivision. (3) Nothing in subsection (1) of this section shall apply, unless— (a) None of the proprietors of the fee simple estate in the access strip can be found after such inquiries as the Registrar considers reasonable have been made; or (b) Every proprietor of an estate in fee simple in the access strip who can be found consents to the granting of the application. (4) In subsection (3) of this section the term proprietor , in relation to the fee simple of an access strip, means— (a) Where the access strip is subject to this Act, the registered proprietor; and includes any person entitled to be registered as proprietor through or under the registered proprietor: (b) Where the access strip is not subject to this Act, the person in whom the fee simple is vested pursuant to an instrument registered under the Deeds Registration Act 1908 ; and includes any person entitled to the fee simple estate through or under the first-mentioned person. (5) Nothing in subsection (1) of this section shall apply where the access strip is acknowledged or accepted or declared to be a road or street or service lane or an access way in accordance with law by any local or controlling authority having jurisdiction over roads, streets, service lanes, or access ways in the district within which the access strip is situated. Part 4A (comprising sections 89A to 89E) was inserted, as from 7 October 1966, by section 2 Land Transfer Amendment Act 1966 (1966 No 37).