Section 326
Removal of private caveats by Registrar
of National Land Code (Revised - 2020)
(1)
Any person or body whose land or interest is bound by a private caveat may at any time apply in Form 19h to the Registrar for its removal, and such application shall be accompanied by the prescribed fee.
(1a)
On receiving any application for removal under this section, the Registrar shall—
(a)
serve upon the person or body at whose instance the caveat was entered a notice of intended removal in
Form 19c; and
(b)
make an endorsement on the register document of title that the notice in Form 19c has been served on the person or body at whose instance the caveat was entered and of the date of such service, and shall sign and seal the endorsement.
333
National Land Code 489
(1aa) Notwithstanding section 431, the service of notice in
Form 19c may be effected by facsimile transmission to the person or body at whose instance the caveat was entered and it shall be deemed to have been duly served where there is a return acknowledgment by electronic or other means to the effect that the notice has been received by such person or body.
(1b)
In the case in which a notice of intended removal in Form 19c has been served under subsection (1a), the caveat shall lapse and be of no effect at the expiry of two months specified in the notice unless before the expiry of that period the Registrar shall have been served with an order of the Court extending the time provided in the said notice.
(2)
The Court may, on the application of any person or body on whom such a notice has been served under subsection (1a) (and acting, if the circumstances so require, ex parte), from time to time extend the said period of two months; and the Registrar, on being duly served with an order of the Court under this subsection, shall make an endorsement on the register document of title of the date of service on him of the order and of the period of the extension, and shall sign and seal the endorsement.
(3)
The Registrar shall remove any caveat pursuant to this section by cancelling the entry thereof on the register document of title, and noting thereon the reason for the cancellation and the date thereof.
(4)
Every cancellation under subsection (3) shall be signed and sealed.