29. Creation of folio on primary application: general
Past version: effective from 14/06/2015 - 13/06/2015
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(1) Unless within 180 days after publication of these Regulations the Registrar has made a notification under section 28(1)(a) as to any given lot, the persons listed in subsection (2) shall, on or prior to the first anniversary of the publication of these Regulations, lodge a primary application with the Registrar to create a folio.
(2) The persons are —
(a) the person claiming to be the freehold owner of the real property; or
(b) the persons who collectively claim to be the freehold owners of the real property.
(3) The persons in subsection (2) may, before lodging the primary application, ask the Registrar to advise whether the Registrar intends to create a folio on the Registrar's own initiative under section 28. If the Registrar replies in the affirmative, those persons need not lodge a primary application.
(4) A primary application shall be —
(a) in the form required by the Registrar; and
(b) accompanied by title documents and other evidence the Registrar may require.
(5) The Registrar may —
(a) require the applicant to advertise or otherwise notify persons that the application has been made; and
(b) refer the application to a legally qualified person to investigate the title of the applicant or applicants.
(6) If the Registrar determines that the applicant is the freehold owner of the real property, or that the applicants collectively are the freehold owners of the real property or the owner of a leasehold interest, the Registrar shall grant the application by creating a folio.