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Section 385

Official searches

of National Land Code (Revised - 2020)

ActIn forceProvision 345 of 391
Section 385

(1)

Any person or body may apply to the Registrar for an official search in respect of any land.

(2)

Any such application shall be accompanied by the prescribed fee, and the Registrar shall, as soon as may be after the receipt thereof, issue to the applicant a certificate of search under his hand and seal—

(a)

specifying the person or body for the time being registered as proprietor of the land and, if he is registered as such as trustee or as representative, indicating that fact;

(b)

summarizing, so far as they relate to matters which are still effective, all memorials and other entries on the register document of title thereto;

(ba) specifying the express conditions and restrictions in interest to which the land is subject;

(c)

indicating whether, at the time of issue of the certificate

(which shall be precisely stated therein)—

(i)

any instrument of dealing has been presented for registration on the register document of title to the land;

(ii)

any application for the endorsement or entry of any matter on that document has been made under Chapter 7 of Part Eighteen, Chapter 1 of

Part Nineteen, Chapter 2 of Part Twenty-one or

Part Twenty-two; and

(iii)

a copy of any prohibitory or other order relating to the land or any share or interest therein has been presented to or served on the Registrar pursuant to the provisions of this Act or any other written law for the time being in force.

365

National Land Code 535

Compensation 386.

Any purchaser of any alienated land, or any share or interest therein, who suffers any loss or damage by reason of any error in, or omission from, any certificate of search shall be entitled to such compensation as may be agreed or determined in accordance with section 434.

Part Twenty-Eight—LAND ADMINISTRATOR’S

RIGHTS OF WAY

Interpretation 387.

In this Part, “public terminal” means the foreshore, or a river, railway station or public road.