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Section 86: Cancel Old Title & Issue New Certificate for Possession

86.Cancellation of existing certificate and issue of new one

Subject as aforesaid, after the expiration of the time appointed, the Registrar, if satisfied that the applicant has acquired a title by possession to the land, may—

(a)cancel the existing certificate of title and any instrument, entry or memorial in the Register Book altogether or to such extent as is necessary; and

(b)issue to the applicant or person entitled to receive it a new certificate of title for an estate in fee simple or the other estate acquired in the land by the applicant free from all encumbrances appearing by the Register Book to affect the existing title, which have been determined or extinguished by such possession and free from any easement notified as an encumbrance which has been proved to the satisfaction of the Registrar to have been abandoned.

Plain English Summary

You have the right to apply to the Registrar to cancel an existing certificate of title if you have occupied the land for a long time without a formal...

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