CAB37-17 — Page 211

Page 211

Page 211

[49 VIOT.]

Land Transfer.

to such entry being made, an infant may, notwithstanding any such confirmation as aforesaid, bring any action or assert any claim to the land, the title to which has been so confirmed as aforesaid, if he bring or assert the same within one year after the date of such 5 entry or of his attaining the age of twenty-one years, whichever event may first happen, in the same manner as he might have done if no such confirmation had taken place.

In the event of the applicant dying during such period of five years as is mentioned in this section, his application shall be deemed 10 to have determined, and to be of no avail.

A.D. 1886.

11. Any person may at any time during the interval between an application for the confirmation of a possessory title and the entry - in the register confirming such title, serve a notice on the Land Transfer Board, alleging that he has good cause to believe that some 15 person interested in the land in respect of which the application is of title.

made is under incapacity, and that such person's right in the land will be prejudiced by the title being confirmed. On receipt of such notice, it shall be the duty of the land Transfer Board to make enquiry as to the matters in the notice alleged, and not to 20 make any entry confirming the title of the applicant until they are satisfied that the person specified in such notice has no such right as is alleged in the notice.

The Land Transfer Board may for the purposes of such enquiry, summon witnesses and otherwise act as if the matter alleged in 25 such notice were a matter arising on an examination of title to land in respect of which an application has been made for registra- tion, and if the Land Transfer Board entertain any doubt as to any matter of law or fact arising out of such notice, they may deal with the same as if such doubt were in respect of a matter arising on 30 the examination of a title to land about to be registered, and may

refer the same to the court for decision.

All costs incurred by any person serving a notice under this section shall be taxed in manner provided for the taxation of costs in or about proceedings for the registration of land, and shall be 85 defrayed by the applicant for confirmation of tisle, unless the Land Transfer Board is of opinion that the persen serving the notice had not any reasonable ground for believing that the right of some incapacitated person would be prejudiced by the confirmation of the title in question.

40

"An incapacitated person," for the purposes of this section, means an infant, a lunatic, a person absent from the United Kingdom, or a married woman.

Page 211

Page 211