Page:Land Titles Ordinance (Cap. 585).pdf/56

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
LAND TITLES ORDINANCE
Ord. No. 26 of 2004
A1367

(2) Subject to section 28(2), while a restriction remains registered, no dealing in the registered land, registered charge or registered long term lease concerned which is inconsistent with the restriction shall be registered except—

(a) with the consent of the Registrar; or
(b) by order of the Court.

80. Removal and variation of restrictions

(1) The Registrar may, in respect of a restriction—

(a) on application for the removal or variation of the restriction presented to him by—
(i) the owner of registered land or a registered charge, or the lessee of a registered long term lease, affected by the restriction; or
(ii) any other interested person; and
(b) after giving the persons affected by the restriction an opportunity of being heard,

remove or alter the entry in the Title Register referring to the restriction.

(2) The Court may, in respect of a restriction—

(a) on application made to it by the owner of registered land or a registered charge, or the lessee of a registered long term lease, affected by the restriction or any other interested person; and
(b) after notice of the application referred to in paragraph (a) has been given to the Registrar,

order the restriction to be removed or varied, or make such other orders as to the Court appears just, and may make an order as to costs.

(3) The Registrar shall give effect to an order made under subsection (2) in accordance with the provisions of the order.

PART 11
Rectification

81. Rectification by Registrar

(1) The Registrar may rectify any error or omission in the Title Register—

(a) on his own volition, if the rectification will not materially affect the interest of the owner of registered land or a registered charge, or the lessee of a registered long term lease;