Rule 36 – Examination of title to interests protected by registration with a possessory title

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(1) In applications under Rule 35, the title shall be examined by or under the supervision of the Authority, who may extend or modify the examination in such a manner as the circumstances of the particular case may require; but no evidence of title shall be called for that could not be required on a sale of the property under an open contract.

(2) The Authority may dispense with or modify as it thinks fit the official examination of title. In particular it may do so-
(a) where the title has been examined for the prescribed period by a practising barrister or solicitor on the occasion of a disposition for valuable consideration, and his/her opinion, with the evidence on which it was based, is lodged with the application; such opinion may be furnished in Form 3 adapted as the case may require, or

(b) where, in the course of an investigation of title, there is a reference for legal opinion analogous to a reference under Rule 19(6); such opinion may be furnished in Form 3 adapted as the case may require, or

(c) by accepting a title it considers to be a good holding title and taking such indemnity as it may deem necessary.