Section 89E — Land Transfer Act 1952: Conditions applying when certificate of title issued for access strip

89E Conditions applying when certificate of title issued for access strip Where the Registrar issues a certificate of title for any access strip under section 89D of this Act, the following provisions shall apply: (a) No registered proprietor of the fee simple estate in the access strip may dispose of or create any charge over any allotment of the subdivision that is contiguous to the access strip to or in favour of any person, unless he simultaneously in like manner and to or in favour of the same person disposes of or creates a charge over his share in the access strip, or, as the case may be, in so much thereof as is attributable under subsection (1) of section 89A of this Act to his ownership of the contiguous allotment being so disposed of or over which he is creating a charge as aforesaid. For the purposes of this paragraph, the settlement of any such allotment as a joint family home under the provisions of the Joint Family Homes Act 1964 shall be deemed not to be a disposal of the allotment: (b) The Registrar shall make an entry upon the certificate of title so issued for the access strip, and on the register copy of the certificate of title for the fee simple estate in every allotment of the subdivision that is contiguous thereto and the registered proprietor of which is the registered proprietor or one of the registered proprietors named in the certificate of title so issued as aforesaid, to the effect that the contiguous land is subject to the provisions of paragraph (a) of this section: (c) Where any other certificate of title under this Act is in existence for the fee simple estate in the access strip, the Registrar shall cancel that other certificate of title so far as it relates to the access strip, and the memorial of cancellation shall state that the cancellation is made under the authority of this section: (d) Any fee simple estate in the access strip previously held by any person other than the persons named in the certificate of title so issued as being seised of that estate in fee simple shall cease and determine: (e) Where any allotment of the subdivision to which any share in the access strip is attributable under subsection (1) of section 89A of this Act is owned in fee simple by 2 or more persons as joint tenants or as tenants in common, that share shall also vest in them as joint tenants or, as the case may be, as tenants in common in the shares in which that allotment is vested in them: (f) Where any allotment of the subdivision contiguous to the access strip is at the time of the issue of the certificate of title subject to a registered mortgage, and the mortgagor thereunder is registered as the proprietor or one of the proprietors of an estate in fee simple in the access strip by virtue of his ownership of that allotment, any power expressed or implied in the mortgage whereby the mortgagee may sell the allotment or any part thereof on default being made under the provisions of the mortgage shall be deemed to extend to and include power to sell so much of the mortgagor's estate or interest in the access strip as is attributable to his ownership of the allotment (or, as the case may be, a proportionate part thereof where the power of sale relates to part only of the allotment), as if that estate or interest were included in the mortgage as part of the security; and the Registrar shall make an entry on the register copy of the mortgage, and also on the mortgagee's copy when it is produced to him, to the effect that this paragraph applies to the mortgage: (g) Where any allotment to which paragraph (f) of this section applies is, after the issue of the certificate of title, settled as a joint family home under the Joint Family Homes Act 1964 , the provisions of that paragraph shall apply whether the share in the access strip is owned by the husband and wife or by either of them: (h) For the purposes of paragraph (f) of this section, the term mortgage includes any lien, charge, or other security for the payment of money; and the terms mortgagor and mortgagee have corresponding meanings; and the provisions of that paragraph, as far as they are applicable and with any necessary modifications, shall apply with respect to such liens, charges, or securities accordingly: (i) Notwithstanding anything in section 172 of this Act, no action shall lie against the Crown or the Registrar-General by any person whose estate in fee simple in the land in the certificate of title so issued has ceased or been determined under paragraph (d) of this section by reason of that cessation or determination, except where that registered proprietor— (i) Has been deprived of that estate by fraud on the part of any applicant or applicants under any application under this Part of this Act or by the error, omission, or misfeasance of the Registrar or any of his officers or clerks in dealing with any application; and (ii) Is by this Act barred from bringing an action for possession or other action for recovery of the land or the said estate therein. 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).